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public park access denied for MD?? Help Please!

jcooking

New member
I have had this happen twice this year, and both times had the same result. Both times the police kicked me from the public park, complaining that someone was making a mess, and now no one was allowed. I had done my research of city ordinances and it is not prohibited, and the officer agreed to that, but said that it was CRIMINAL MISCHIEF digging a hole because they had previous problems with it (I couldnt help but chuckle that this was considered criminal mischief). I am trying to go through the correct channels to plead the case of the responsible MD. Any advice from you all of points to make or strategies to use when speaking with police chief and city manager would be much appreciated. These over-zealous cops make me feel like a criminal! In my encounter yesterday, the officer even said I was preaching to the choir when justifying my hobby, he agreed that I was properly filling holes and removing all trash found. I know that unfortunately this has been the trend in many places in the country. What has worked well for others with my same problem? Thanks for helping me out and HH (if you have a spot to hunt)
Jon
 
Anyone have success with a similar situation?:veryangry:
 
Unfortunately, we are in an odd-hobby that "catches the eye" when someone sees the guy swinging the wierd geiger-counter-thingy. And once that happens, people ask themselves "just what is he doing?" "will he harm anything?" blah blah. And no matter that you will leave no trace, "image is everything". So even if you have so much as a screwdriver just to probe for shallow clad, you will probably still loose the issue, as powers-that-be just don't want to baby-sit and over-see debates on probe, vs pry, vs dig, vs re-pack, etc... I mean, ask yourself: why should they say "ok"? And this can be true no matter HOW many "yes's" you get from city hall: Those "yes's" will just as quickly be turned to "no's", the instant you mention digging, holes, etc... I have heard of many people who proudly show their "permission", only to have it just as quickly revoked, when some busy-body gardener or cop-in-the-field gets on the phone to city hall and says "well I don't like it" blah blah blah.

My solution to this is: 1) like yourself: if there is nothing specifically disallowing detecting, I just go. I do not consider "defacement" type rules to apply to me/us, because we will [ultimately] leave no trace of our presence. 2) If someone has an issue with that, they are welcome to tell me. In which case, I avoid just that one person, or just that one park, in the future [till I know he's not around]. 3) I go at off-times to avoid such busy-bodies, to begin with. Ie.: at dusk on deserted nights, early AM's, holidays when police are on skeleton staff, and city non-essential staff is all off. And even night-hunting (so peaceful! no kids or busy-bodies )

I know the "avoid busy-bodies" and "just go in the absence of specific prohibitions" will rile some people. But I can assure you: if you, or any of us, thinks they can do this hobby in any public park, school, or beach, while not riling anyone, at any level, they are mistaken. I gaurantee you that if you look long enough and hard enough, you can and will find someone to tell you "no". If not for the digging/defacement bolgona, then for something about cultural heritage. If not for that, then something about "prohibitions of collecting". Therefore: just like how you can never avoid a nut who might flip you off in traffic, so too is there going to be an occasional busy-body in the field whom you can not please

You can certainly fight it, but what may end up happening, is that you will merely get an actual rule created in your town, where none currently exists (ie.: "to address your pressing issue"). And then, instead of it just being one arbitrary cop, and one or two isolated incidents to avoid, you will get un-wanted attention to even the most innocuous of places, where perhaps no one ever cared before.
 
JC,I would go to another park.You didn't mention what type of digger you use usually at most parks those small shovels will get you booted out.When I started detecting at one state park the ranger told me no digging deep targets,which meant being very careful.I did find an old brass DNR and returned it to the park ranger.I have had a minimum problems here being kicked out.My advice if you are being challenged at the park move on and find another place.In this hobby we are like fish in a pond that keeps getting smaller because because of worked out and banned parks.Good Luck Ron
 
I agree, I would not carry a "relic shovel" or a shovel of any kind into a public park only my Lesche hand digger... adn I am very careful with recovery.

If I were you I would continue to detect the parks and if I got arrested I would demand a jury trial and call the officer as a witness. You might even carry a small field recorder, they are cheap. Turn it on when you see them coming. Try to get them to admit that you haven't done any damage then discreetly turn it off. You might even velcro it to your detector so that they don't notice it.

I think even with a cheap attorney you would win the case.

Heck, towns and counties could issue permits and make a little extra income. I'd pay 25 bucks a year to be left alone.

J
 
Hey, I like the idea of the cam-cording :) There is a guy here in CA that got one of those new-fangled velcro-attached camcorders, that's palm-sized. He velcros it on to his hat, so that wherever he turns to face and look, he's taking real-time recordings, up to several hours storage space. At the end of the hunt, he just erases and starts over for each new hunt. Occasionally when he, or his buddies, gets a goodie being in-the-process of being dug, it also makes for a cool you-tube "in-the-moment-as-being-dug" clip :) I've thought about getting one just for the fun of capturing the sounds, techniques, in-action shots, etc.... But now that you mention it, they'd also come in handy for a busy-body who says you're making a mess. Those new little clip-on vid-cam's are hardly noticeable nowadays too :)
 
as you mentioned and i agree!..what causes the problems is when you stoop over to dig a hole!..unfortunately, the people WHO NOTICE
can create an issue and create in their minds, a "link" between digging,and damage to the property!..ironically by just scanning the ground
with the metal detector by itself is harmless,and the same people will probably never even so much as notice that!..again!.the very second you
start diggin' is when the sh*t starts to fly!

(h.h!)
j.t.
 
jcooking said:
I have had this happen twice this year, and both times had the same result. Both times the police kicked me from the public park, complaining that someone was making a mess, and now no one was allowed. I had done my research of city ordinances and it is not prohibited, and the officer agreed to that, but said that it was CRIMINAL MISCHIEF digging a hole because they had previous problems with it (I couldnt help but chuckle that this was considered criminal mischief). I am trying to go through the correct channels to plead the case of the responsible MD. Any advice from you all of points to make or strategies to use when speaking with police chief and city manager would be much appreciated. These over-zealous cops make me feel like a criminal! In my encounter yesterday, the officer even said I was preaching to the choir when justifying my hobby, he agreed that I was properly filling holes and removing all trash found. I know that unfortunately this has been the trend in many places in the country. What has worked well for others with my same problem? Thanks for helping me out and HH (if you have a spot to hunt)
Jon
Welcome to the New World of Urban Detecting.

Ive had little luck in my town persuading the Parks people to allow detecting, across the board. To date, it is hesitatingly allowed - but there are caveats and it is being "closely monitored," according to what the Parks Department chief told me.

Tom is right - you are engaged in a suspicious activity. Your fellow citizens know the least you might do is find something of value they didn't know was there, and that rouses jealousy among the sheepizens. That has always been a problem faced by treasure seekers.
Add to that the harm you can do, real or imagined,ie, digging holes, defacing property, leering at children, "just being there"... and you are in a fix. As JT says, people are watching you. They DON'T mind their own business anymore. The "groupmind" predicted by the early social thinkers has started to take over.

Sadly, the worst thing that ever happened to this hobby was that it became profitable. Once detectors were sold by the millions to a teeming horde of seekers, then everyone else knew what you were up to. TV commercials have made it clear what your intentions are. Thanks to just a few slackers and ill-mannered citizens, the need to control the activity has now arisen. 20 years ago, no one even knew what you were doing, nor did they care.

For the time being, I suggest you plan on a siege with your local watchdogs. Bad detectorists have spoiled it and enforcement is the way officialdom will always react to that.
It is expedient, and sacrificing your individual rights on the "Altar of the Common Good" is deemed an acceptable price to pay.

You may indeed have to go elsewhere if you wish to detect. But I urge you to view that as only a temporary solution. The banishment of detecting is likely to follow you.
Ive experienced it in very small, out of the way towns, the last place you would expect it.

In time you must attempt to make a case with your officials to develop permits and other municipal blessings. That will take time, a good bit of campaigning and "networking" for support at city hall. Bottom line, there is nothing in it for them by granting you permission, except for a few bucks made off permits, etc. Meanwhile, the first moral busy-body that calls to complain about you digging or hanging around a tot lot will have their ear.

However,once the municipal watchdogs begin to get involved, there is little else to do but play along with the System. So you will have to find a way to put some pain on them by applying pressure from without. Until you make it uncomfortable for THEM by denying your detecting activities, then they keep the upper hand.
 
Hi,
If the local authorities are now sensitive to people detecting in parks, one thing you can do is to show whoever approaches you that you are not, nor going to, make a mess of the park. In sensitive areas, I carry visibly only a screwdriver (or similar implement) and tell anyone who asks that I dont dig holes here, I only probe and prise out any targets. If you are carrying a small digger, keep it in your pocket and use it very discretely. Park officials and police are usually satisfied (here) if they can see that you dont have the potential for doing damage (and can't see any that's been done). I've even been asked, on occasions, to keep my eye open for particular items which might be evidence in a particular crime or incident. I sometimes also point out that if I intended to do any harm or damage, I wouldn't hunt in broad daylight.
 
Go metal detect on the city hall lawn, and when they come out to talk to you tell them you have no other places to go cause parks are off limits.
 
-- moved topic --
 
I used to hunt small town city hall lawns without a problem back in the 70's.

There is one words you never say when talking to an offical-----------DIG--DIGGING holes.

Use words like--Recover, retrieve from the ground, by cutting a small divet or plug

Offer to let the offical try your detector on the spot, he may get hooked, then ask if
they would like to come along next time, you'll bring a spare detector. You never know, you may make
a new friend that can get you into or know other great spots to detect..........If you own an ID detector,
these are excellent to show the offical, you tell them for the most part you know what is in the ground
before digging (oops recovering) the coin...............:detecting:

We have had friends on the police force that would cruise by when we were digging the old city ash/bottle dumps
in their precinct. Dangerous area of the city........any passer by's would think we were crazy digging 10 foot holes.
My holes looked like graves, about 5x 7' and straight down. So they would steer clear of us. By the way, our buddies
on the force were also bottle diggers, gave us an extra advantage.........
 
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