My town

[clearblk]

I have spent quite a few hours researching laws on metal detecting on town property where I live. We have what are called bylaws that pretty much cover every activity you can think of. MDing is not mentioned in any of them. The town has covered the bases though. They have a bylaw that states if the activity has no bylaw for or against it you must consider that you can't do it. How's that for a bunch of BS? I'm sure selective enforcement is the way things are dealt with. No bylaws on trick or treating but don't tell those 50 kids that came to my house that they can't do it. ( love the little boogers in their costumes)
Thanks for letting me vent, clearblk

 

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[Tom_in_CA]

Well that's interesting! I've never heard of that before. Quite strange. I mean, then by definition, picking your nose in public, or whistling dixie while walking down Main St, is "illegal", because it's not addressed.

Something tells me this type of verbage is to cover things people actually care about, which ........ even you and I would agree, is good reason for the law, to stop endless debates of semantics, for when someone is doing something that truly requires on-the-spot interpretation of laws. So the truth of the matter is, no one cares if you walk down the street whistling dixie (even if not expressly allowed, or prohibited), right?? It's only if "someone cares" (ie.: a complaint is generated, because you're endangering people with your activity, or destroying things, etc....) is when judges might use such "catch all" clauses, just to put an end to semantics, when it is truly merited.

So I bet that:

a) the average person md'ing in your town, will likely be ignored (assuming you're not being a nuisance in some other way, leaving holes, sticking out like a sore thumb begging for attention, etc...). So odds are, this has no bearing on you. Or:

b) the average beat cop, gardener, etc... has no knowledge of the verbage you point out. And even if they DID, they too would know it's silly (lest why aren't they arresting dixie whistlers?). I mean, sure, if someone griped, and sure, if the cop ushered you on, so what? If you say "but it's not dis-allowed in all the city laws I studied in-depth", I HIGHLY doubt he's going to cite the passage you found. Instead, he's going to say that you are, in fact, violating specific things like "damage and destruction" type clauses, before he EVER cites the "silence on issues" clauses. Trust me on this.

So your "silence on issues" clause will never be the reason (if it ever came down to it, but I doubt it ever will advance this far) for a booting. Instead, they will morph something else to apply to you, that has something specific (ie.: non-silent) written about it.

And if you're afraid of those specific clauses *might* be applied to you, then you might have chosen the wrong hobby. Or you need to only look for items you can pick up off the top of the ground. Thus, the solution: keep a low profile, and avoid busy body kill-joys, to begin with. Go at low traffic times, don't stick out, etc.... Set your alarm for 5am Sat, and get a few hours in then. Just like nose-picking: no one cares, as long as you're discreet.

 

[George (MN)]

Yes, selective enforcement. There are ancient laws against property damage, but at just what point does it become damage? Usually I think the rule would be it is damage if it is bad enough to cause the need for repair.

The problem with detecting laws being stated clearly is that laws against damaging public or private property have always existed. They are not something new to prevent detecting. A couple hundred years ago when they thought up these laws, the goal was to stop senseless (just for malicious fun) damage to property.

For example, if a person wanted to dig up worms to go fishing, they could probably find them digging up their own yard. Of course, few if any people buy a metal detector just to detect their own yard.

The writers of ancient laws could not have looked into the future and predicted the metal detecting hobby. Therefore, the laws were written no damage, no digging, no disturbing the soil, no taking of objects, etc. Technically, detecting could be considered illegal (it is more of a privilege than a right, an exception).

Most city parks & rec people will say their mission is to provide opportunity for just about any recreational activity, as many as possible. So, they generally aren't out to get us, as long as we are neat (groundskeepers can get nervous if damage occurs, they could lose their job?). I think it does help us that many police officers also detect. Best wishes, George (MN)

 

[clearblk]

Good comments. I will be out there at 5AM and take my chances. I wish I had saved the link so everyone could have a good laugh.
Due to a foot problem I have not been able to get out there but as soon as I do I'll let you all know how I did. I found a couple of local parks where some of the trails are out of view from the main picnic areas. I have never observed any detectorists in these areas so I have some high hopes. One of them is on a hill next to an old WW2 airfield training site.
Stay tuned, Tom (clearblk)

 

[Snickers1]

I have spent quite a few hours researching laws on metal detecting on town property where I live. We have what are called bylaws that pretty much cover every activity you can think of. MDing is not mentioned in any of them. The town has covered the bases though. They have a bylaw that states if the activity has no bylaw for or against it you must consider that you can't do it. How's that for a bunch of BS? I'm sure selective enforcement is the way things are dealt with. No bylaws on trick or treating but don't tell those 50 kids that came to my house that they can't do it. ( love the little boogers in their costumes)
Thanks for letting me vent, clearblk

Trick or Treating is ILLEGAL in the whole state of Virginia...It's not enforced.