NO PARK HUNTING ALLOWED!??!?;

[Cole55]

today like any other weekend for the past 15 years..I was in my local park and was approached by a police officer who was very nice and even seemed sorry and confused himself with this new local borough rule. No metal detecting!?!?! Whattttt this is nuts. I couldn't believe it. I live in chester county pa. Has anyone else come across this problem?

 

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[Deft Tones]

Time to get active politically on your local level. Bummer!

 

[MrMikeJackie]

Confused you say? Do your due diligence and find the so called ordinance. If it even exists. This doesn't mean go to your county office and start asking if it's ok to metal detect said park. Just find out if in fact there are any regulations preventing it and where said regulation can be found.
Good luck.

 

[vpnavy]

Until someone pipes in - I searched Google and found Chester County Real Estate Rules and Regulations...

​

SECTION 6. Destruction of plant life, natural and cultural surroundings

C. Use a metal detector, except with a permit issued by the Department​

 

[Cole55]

Man. I'm just bummed because my kids would come ith me in the summer and we would do a day of it and enjoy detecting together at the park...now its a bummer

 

[ChampFerguson/TN]

You didn't ask the officer for the law #? That's something you should always do; first to gently challenge his authority/knowledge, and secondly to know where to start the political fight if it really exists.

Anyway, I recommend that you research that its for real and then:
1) if its real, talk to your representative/councilman or
2) if it not real, talk to the police chief.

 

[Cole55]

Someone must have called him or something because he told me he had to look it up and he says it said you can not cut into turff or whatever...I just looked at him like where were you for 15 plus years

 

[Goldhunt]

"...new local borough rule"
This new rule was probably made by people who are ignorant. The right way to handle this is to contact the mayors office and go to the village meetings and lobby to end that ban rule on metal detecting. Maybe say there should be a rule that if someone metal detects they have to replace the soil, turf, rocks and plants so as to not mark up the landscape etc. Fight to repeal and replace the rule, good luck.

 

[thundherr]

Hi Cole55
from what i have learned it depends on the park, is the park a city park? or a state park?
i live next to a state park and the state bans digging in the park of any kind.
Im new to this site and im trying to study laws that pertain to metal detecting and river dredging in my area, west of fort worth Tx.

its like the laws are against individuals getting outside and treasure hunting. very frustrating.

 

[Tom_in_CA]

.... Chester County Real Estate Rules and Regulations...

SECTION 6. Destruction of plant life, natural and cultural surroundings

C. Use a metal detector, except with a permit issued by the Department​

That would only apply to county run parks. How do we know if the OP's park wasn't a city park (or state park , or federal park, etc.....) ?

 

[Tom_in_CA]

Someone must have called him or something because he told me he had to look it up and he says it said you can not cut into turff or whatever...I just looked at him like where were you for 15 plus years

Cole, I do not construe isolated "scrams" to constitute "law". It would be as Mr. Mike Jackie says well:

.....Do your due diligence and find the so called ordinance. If it even exists. This doesn't mean go to your county office and start asking if it's ok to metal detect said park......

Because the "cutting turf" type of verbiage, I also do not construe to mean "no detecting". Same for verbiage about "alter" and "deface". The reason is: That all such language INHERENTLY applies to the end result. Eg.: If you left no trace (covered your holes, left no marks, etc...), then logically, you have not alterED or defacED anything.

So , for whatever entity that was (city park ?) go to their muni codes and ordinances, and see if there's really anything that says "no metal detecting". If there is a specific prohibition, then the cop was right. But if it's just that "cut" "alter" type verbiage, then I would not believe that applies. Because otherwise, every park in the entire USA would be off-limits . Since boiler plate stuff like that exists everywhere.

If you've gone for 15 yrs. un-bothered, then odds are, it's exactly like you say: That cop was probably only responding to some call-in from "miss-lookie-lou". Just give that park a rest for a month or so, and come back at more discreet lower traffic times.

I have gotten "scrams" at parks in my 40+ yrs. of md'ing, and .... nothing ever became of them. We still hunt those parks. Oh sure, give lip service, etc....

BTW, this is exactly why 90% of my turf hunting is done at night nowadays. So peaceful. So serene

 

[jeff of pa]

Someone must have called him or something because he told me he had to look it up and he says it said you can not cut into turff or whatever...I just looked at him like where were you for 15 plus years

Yea Seems to me He felt forced to find a regulation.
arguing will probably be useless and as long as he's on the force it looks like your best off finding somewhere else

 

[junkhunt]

A park is public property payed for by the tax payers so who is anybody to tell us how to use it. As long as no damage is done and holes are filled in what's the problem?
Government stay out of my life.

 

[Honest Samuel]

You should check with your police chief. If there is a law against metal detecting, it makes sense to me that there would be signs out. Good hunting and good luck.

 

[Tom_in_CA]

..... As long as no damage is done and holes are filled in what's the problem?.....

We would all agree with you. But the PROBLEM is, that .... let's face it: Metal detecting has ... uh ... "connotations". Ie.: that you might be about to leave a hole. And even though YOU know you won't, yet .... to the other person, they don't know that (or believe that or whatever).

So the solution is to avoid lookie-lous, and pick lower traffic times. In this hobby we are never going to get "red carpets rolled out for us" and every last person to "sign off" on us. So .... sometimes out of site is out of mind.

 

[Tom_in_CA]

We had one particular park, for example, where some scrams had occurred. And we figured out that the particular park person who was doing it, was only there 1x p/week (as they mowed and emptied garbage cans at this park 1x p/week only). So guess what we did ? Here's your 2 choices:

a) Simply detect on the other 6 days of the week, and avoid that 1 particular day of the week.

b) Went to city hall seeking clarifications, permissions, appeals, etc... ?

Obviously we just did option A. So simple

 

[Cole55]

Yes. Funny thing now last week someone approached me asking a lot of questions. Not what did you find. But where are you from what do you dig with. He was maybe 70. So I was very friendly. But he did live across the street and if he has a lot of free time..he could have seen me again and decided he is going to throw some weight around. But I am very respectful to property I never damage or touch anything that I wouldn't others to. So I will just change parks for now until I contact someone

 

[Tom_in_CA]

... until I contact someone

"Contact someone" for what ? You might just be swatting hornet's nests, if you think you are going to get that person's complaint "over-turned". Ie.: you might be on the loosing end of a debate of semantics on whether or not you "alter", or whether or not your digging vs probing vs popping, etc.....

But on the other hand, if this person is always going to be watching, and you can't avoid him whatsoever (ie.: pick a part of the park where his view doesn't encompass ?), then sure, perhaps you'll have no other way to keep him from calling the cops future times as well. But seeing as how you've gone for 15 yrs. for now, w/no issue, it might just have been a fluke that won't repeat. Just be careful. By going and seeking clarifications, someone in city hall might side with him as if it applies to all parks (because they're having a bad hair day and envision geeks with shovels). And then you could find yourself precluded from other parks as well, by something that starts to be become a policy. Ie.: to "address your pressing issue". So just be careful bro

 

[boogeyman]

Lately my go to is "Just go ahead & write the cite." After the befuddled look wears off, they don't know what to say. Then I go to.
1. Hang on while I get my notebook.
2. I need to see a valid picture ID your city ID will be fine.
3. I need a physical address where you can be served. Their response with a worried look Why?
4. Ok, unless you cite everyone for the same perceived offense, I'm sueing you and the city for "selective enforcement". When we're finished with that, I'm sueing you in civil court. Oh, do you get compensated for the days off you take off for a civil suit? Then comes the I'll let it go this time crud & off they go.

I've been using this for over 11 years with the neighborhood services people, with only one warning. Same with garage sale signs, which are supposed to be illegal here even though "They rarely enforce it." Just to be a putz the one guy that gave me a warning ended up being transferred. What I did was every time I went to do errands if I saw a violation I'd write the address down & report them. When I was bored or just watching TV I'd fill out the forms on line - between 40 & 76 a week (figured the guy was bored so gave him a little work). The guy screwed up & sent me a rude email back not knowing even if sent from the citys email his email showed up in the header. I forwarded the email to everyone in the department on up. Long story short, took approx. 7 1/2 hours of slack time ( a few minutes at a time) & ended up we don't see the truck in the neighborhood anymore. In the meantime several of us found out who was filing complaints and passed the word around. He was getting reported for something at least four times a week. Needless to say he figured out he needed to find something else to fill his time with like minding his own business.

So, if you stand up & hit them with facts and it looks like you have some knowledge and are gonna end up making them more problems or cost them money they are at least smart enough to go away. Also, being able to say the county you lived in in California ended up paying off your house with the nice settlement you got helps a bunch. Wars can be won with a pen!

 

[Tom_in_CA]

boogeyman, as my reputation on T'net shows: I'm as brazen and ballsy non-skittish as they come. HOWEVER, I would still not employ the "in-your-face" defiance that you suggest. I do agree that you're not doing anything wrong (I too consider our hobby innocuous and harmless). However, I would NEVER subject myself to a debate of semantics over this. For 2 reasons:

1) They can say that the mere act of your target retrieval (no matter how you do it) constitutes "alter" "deface" "dig", etc.... Or can invoke the prohibitions on "harvest", "remove", "take", etc.... And let's be honest boogeyman, do you really think you're going to win that battle ? Yes I agree we do not fall afoul of those things. But just saying that if someone gets mad, you're going to look mighty silly trying to back-pedal away with that screwdriver or lesche in your hand. Because in THEIR mind's eyes, even if you eventually prove you'll "leave no trace", yet .... they will just think this opens the pandora's box for every other yahoo, that might not be so neat, to likewise go out there. Why subject yourself to this ?

2) Let's just say for a minute that you DID win this defiant "cite me" battle. Well guess what can then happen? They might just dream up a specific "no detecting" rule now, to close this loophole in wording.

So better that you don't swat hornet's nests, and pick lower traffic times when any potential busy-body isn't around, in the first place