Park Regulations and Legal References
Cities:
Roseville, CA
Roseville Park Regulations
Regulations for the use of
metal detectors as prescribed by the Parks and Recreation Commission
11/02/1970:
Use of metal detectors
shall be permitted on City Parks subject to the following
conditions:
1. The metal detector hobbyist shall be familiar with the
provisions and procedures of the State Possession Law
(Section 2080).
2. The metal detector hobbyist shall make all efforts possible
to pick up beer tabs and other undesirable objects found on and
under the ground.
3. The metal detector hobbyist shall be made aware of the "hold
harmless" clause on the City's Application for Use of Facilities.
4. The metal detector hobbyist shall be made aware to protect
the turf and other physical properties making up the horticultural
setting of the park.
5. Permits for metal
detector use shall be for one year durations.
A metal detector permit
costs $3.00 and is good for one year from the day of purchase. They
can purchased at the Roseville Department of Parks and Recreation at
401 Oak Street, in the city of Roseville. Their phone number is
916-774-5242. Normal business hours are Monday through Friday, 8 AM
to 5 PM. The permit is good for all parks except the Maidu
Interpretive Center and parks under construction
Sacramento
Sacramento Park Regulations
Article III. Park Use (Items that may relate to metal detecting)
12.72.060 Park use regulations.
No person shall:
A. Conduct or carry on an assembly of more than fifty (50) people in a park, which assembly is intended or can reasonably be expected to last more than thirty (30) minutes or which does in fact last more than thirty (30) minutes, unless a park use permit has been first issued therefore;
B. Conduct or carry on any organized activity in the park facilities designated as McKinley Park Rose Garden, William Carroll Memorial Amphitheater, Callahan Memorial Bank Shell, or Land Park Village Green, unless a park use permit has first been issued therefore;
C. Use any amplified sound without first obtaining an amplified sound permit. This prohibition shall not apply to the use of any radio, tape player, tape recorder, record player or television in compliance with Section 10.12.090 or Section 8.68.200(M) of this code or to broadcasts from any vehicle to which the provisions of Sections 10.60.010 through 10.60.090 of this code are applicable.
D. Engage in any commercial activity in any park, except a nonprofit organization pursuant to a fund raising permit therefore or pursuant to a lease or concession contract issued under Chapters 3.68 or 3.72 of this code, or pursuant to any exemption to Chapters 3.68 or 3.72.
E. Engage in any fund raising activity in any park, except pursuant to a permit issued therefore; provided, however, that funds may be raised without first securing a permit for organizational dues or to defray the cost of the activity by a nonprofit organization or in connection with a city sponsored or co-sponsored activity;
F. Engage in any business activity in any park;
G. Interfere with the use of any park or portion thereof which at the time is reserved by permit for the use of any other person or group;
H. Ride bicycles, smoke, drink alcoholic beverages or picnic in children’s playground areas;
I. No person eighteen (18) years or older shall remain in or enter a children’s playground area unless actually engaged in the care, custody or supervision of a person younger than eighteen (18) years of age who is using the facilities in the area;
Q. Intentionally remove, break, injure, deface, or disturb any plant material, structure, or improvement;
Counties:
Permits Required for Metal Detecting at:
East Bay Regional Parks
http://www.ebparks.org/activities/permits
(I) Section 406 Devices
http://www.ebparks.org/activities/ord38/ch4#s406
Metal Detectors
No person shall use a metal detector or similar device on parklands, except as provided in a written permit granted by the General Manager of the District.
Generators
No person shall use or possess a generator or similar device in day use areas of any parkland, except as provided in a written permit granted by the General Manager of the District.
Metal detecting Permit Requirement
http://www.ebparks.org/activities/permits#metal
Santa Clara County parks requires and annual permit to Metal Detect
http://www.parkhere.org/portal/site/parks/
Sec. B14-55.2. Metal detecting: http://www.sccgov.org/SCC/docs/scc_ordinance/31505020.HTM
Metal Detecting is not allowed in the following Santa Clara County Park areas:
� Almaden Quicksilver County Park -
all areas within park.
� Anderson County Park -
Cochrane/Jackson House.
� Calero County Park - Bailey/Fellow
House.
� Chitactac/Adams Heritage County Park
- all areas within park.
� Coyote Creek Parkway - Coyote/Fisher
Ranch house & Malaguerra Winery.
� Coyote/Bear Ranch - Foreman's House.
� Ed Levin County Park - Laguna
Cemetery
� Joseph D. Grant County Park - Joseph
D. Grant Ranch House.
� Mt. Madonna County Park - Miller
House Ruins
� Sanborn/Skyline County Park - H.P.
Dyer House, Welch Hurst Site (youth hostel), Pourroy Homestead.
� Villa Montalvo Arboretum - all areas within
the park.
State:
State Law on Metal Detecting
See sidebar at right
State Park Regulations
Official State Park web-site.
http://www.parks.ca.gov/default.asp
Auburn State Recreation Area California State Parks
http://www.parks.ca.gov/pages/502/files/asrabrochure032807.pdf
State Park Regulations:
http://www.parks.ca.gov/default.asp?page_id=21300
State Park Metal Detecting Rules & Regulations:
There is no specific law against use of metal detectors. However,
they may not be used for mineralogical or historical / archeological
collection.
The prying up or digging out of an object may be against the law as
defined in Sections 4306,4307, 4308.
To re-enforce land / soil surface may not be disturbed while Metal
detecting. See Sections: 4306, 4307 & 4308
§ 4306. Plants and Driftwood.
No person shall willfully or negligently pick, dig up, cut,
mutilate, destroy, injure, disturb, move, molest, burn, or carry
away any tree or plant or portion thereof, including but not limited
to leaf mold, flowers, foliage, berries, fruit, grass, turf, humas,
shrubs, cones, and dead wood, except in specific units when
authorization by the District Superintendent or Deputy Director of
Off-Highway Motor Vehicles to take berries, or gather mushrooms, or
gather pine cones, or collect driftwood is posted at the
headquarters of the unit to which the authorization applies.
§ 4307. Geological Features.
(a) No person shall destroy, disturb, mutilate, or remove earth,
sand, gravel, oil, minerals, rocks, paleontological features, or
features of caves.
(b) Rock hounding may be permitted as defined in Section 4301(v).
§ 4308. Archaeological Features.
No person shall remove, injure, disfigure, deface, or destroy any
object of archaeological, or historical interest or value.
California State Park Laws were established to protect the park
resources, to administer the parks and to maintain a park
atmosphere. All the following sections are contained in the
California Code of Regulations. All sections are misdemeanors which
carry a maximum punishment of 90 days in jail and/or $1,000 fine.
This is only a partial listing of the State Park laws which apply
statewide.
§ 4610.10. Panning for Gold.
§ 4610.1. Units Open for Rock hounding
(a) Rock hounding is authorized by Section 5001.65 of the Public
Resources Code.
(b) Units and portions thereof (o)pen for Rock hounding will be
posted in accordance with Section 4301(i).
(c) Commercial Use.
Rocks or mineral specimens gathered within a unit may not be sold or
used commercially for the production of profit.
(d) Maximum Take.
One person may gather, in one day in one unit, not more than 15
pounds of mineralogical material or not more than one specimen plus
15 pounds of mineralogical material.
(e) Use of Tools.
Tools, except gold pans to be used in gold panning, may not be used
in rock hounding within a unit.
(f) Areas for Swimming and Boating.
In state recreation areas rock hounding may not be practiced in
areas designated for swimming or for boat launching.
(g) Areas Limited for Collecting.
In state recreation areas rock hounding is limited to beaches which
lie within the jurisdiction of the Department and within the wave
action zone on lakes, bays, reservoirs, or on the ocean, and to the
beaches or gravel bars which are subject to annual flooding on
streams.
(h) Indian Artifacts.
Rock hounding in a unit specifically does not include the gathering
of Indian arrowheads, Indian stone tools, or other archeological
specimens, even when such specimens may be found occurring naturally
on the surface.
(i) Panning for Gold.
Panning for gold is considered to be "rock hounding" as the term is
applied in the Department. The gold pan is the only exception
permitted to the exclusion of tools from rock hounding in a unit as
provided in Section
4610.5. Muddy water from panning operations must not be visible more
than 20 feet from the panning operation.
Federal:
U.S. DEPARTMENT OF THE INTERIOR BUREAU OF
LAND MANAGEMENT
http://www.blm.gov/ca/st/en/fo/folsom/rocks.html
BUREAU OF LAND MANAGEMENT
http://www.blm.gov/ca/st/en/info/iac/metal_detecting.html
Collecting on Public Lands
http://www.blm.gov/pgdata/etc/medialib/blm/nv/information.Par.77566.File.dat/collecting_on_publiclands.pdf
LAKE TAHOE BASIN MANAGEMENT UNIT
METAL DETECTORS CLOSURE TALLAC HISTORIC SPECIAL
INTEREST AREA
http://www.fs.fed.us/r5/ltbmu/documents/recreation/forest-orders/fo-19-89-118.pdf
1906 American
Antiquities Act
http://www.nps.gov/history/local-law/anti1906.htm
The link below, is
the text of the Archaeological Resources Protection Act. The
document describes its purpose, what lands are protected and what
the penalties are for pillaging historical sites.
1979 Archaeological Resources Protection Act
http://www.nps.gov/history/local-law/FHPL_ArchRsrcsProt.pdf
USING METAL DETECTORS ON PUBLIC
LANDS
- BLM FOLSOM FIELD OFFICE
63 Natoma Street, Folsom. CA 95630 Phone: (916) 985-4474 Internet
Address: www.ca.blm.gov/folsom
We are frequently asked about the use of metal detectors on public
lands. In many cases, these devices can legally be used for the
purpose of collecting minerals, coins and bullets. But their use is
governed by some restrictions which are needed to protect natural
and cultural resources.
Metal detectors may be used for the noncommercial collection of
nonrenewable resources such as rocks, mineral specimens, common
invertebrates fossils and semiprecious gemstones. (1)
The collection of minerals for sale or barter to commercial dealers
may be done only after obtaining a contract or permit from an
authorized officer of BLM. (2)
Metal detectors may not be used to collect any cultural or historic
items which are protected by law. (3)
Items and structures such as historic old cabin sites or mining
areas must not be disturbed, altered or impacted by the use of metal
detectors. Digging under, alongside or above historic or
archeological sites or resources is considered impacting to these
resources and is prohibited by law.
The collection of coins and bullets is allowed if these items are
not found in a physical or proximity relationship with
archaeological or historic resources.
Archaeological resources mean any material remains of human life or
activities which are at least 100 years of age, and which are of
archaeological or scientific interest.(4) If you discover any
archeological resources during your detecting please carefully cover
them up and notify the BLM archeologist here in the Folsom Resource
Area. If you have any questions concerning what material may be old
or which may be historic, and therefore protected by law, our
archeologist may also be able to provide you with the answers.
Also before detecting on mining claims it is strongly recommended
that you contact the mining claim holder and receive permission to
remove minerals from the claim.
Like all recreational activities common sense should be used when
metal detecting. Areas should be left clean, all holes filled in and
any dug up trash properly disposed of. The old image of bottle
hunters and metal detector users digging up the country side and
leaving holes and mounds of old refuse needs to be dispelled. Please
do your part to keep your public lands clean and in a condition
which will continue to provide recreational opportunities for future
generations...
California Laws
Memoranda on Metal Detectors
State of California
Memorandum
Date: April 16, 1997
To: Folsom Visitor Services Staff All
ARD Supervisors
ARD Administrative Staff
From: Department of Parks and Recreation
American River District
Subject: Mineral Collection, Use of Metal Detectors - Clarification
There seems to be a. lot of confusion as to what is allowed relative to recreational mineral collection and the use of metal detectors within Folsom Lake SRA. As a result, we have been sending mixed messages to the public, Below I will try to clarify the most common issues.
1) Mineral collection can only occur below high water (466'); historical and archeological features/artifacts may not ever be collected.
2) The ground surface may not be disturbed (i.e. no digging) and no tools may be used except for a gold pan (shovels may not be used with the gold pan).
3) When using a gold pan the water cannot be visibly muddy beyond 20' from the panning operation.
4) Folsom Lake SRA extends approximately two miles upstream from Salmon Falls Bridge.
5) There is no specific law against use of metal detectors. However, they may not be used for mineralogical or historical/archeological collection. They may be used for location of contemporary (i.e. recently lost) coins or personal property. If personal property is found it should be put into lost and found and may be returned to the finder if unclaimed by the original owner after a certain period of time. Again, the land/soil surface may not be disturbed.
The pertinent sections within the California Code of regulations are 4307, 4308 and 4610.1 through 4610.10 (see back). If you have any questions please see me.
Larry M. Fraley Chief Ranger
California Civil Code relating to lost/found items
California Civil Code Sections 2080-2080.10
2080. Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of theanimal.
2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of any part of the property.
(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.
2080.2. If the owner appears within 90 days, after receipt of the property by the police department or sheriff's department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriff's department shall restore the property to him.
2080.3. (a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff's department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff's department caused the notice to be published.
(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.
2080.4. Notwithstanding the provisions of Section 2080.3 or Section 2080.6, the legislative body of any city, city and county, or county may provide by ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the police department of such city or city and county or of the sheriff of such county. Any city, city and county, or county adopting such an ordinance shall provide therein (1) that such unclaimed property shall be held by the police department or sheriff for a period of at least three months, and (2) that thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given by the chief of police or sheriff at least five days before the time fixed therefore by publication once in a newspaper of general circulation published in the county, or that thereafter such property will be transferred to the local government purchasing and stores agency or other similar agency for sale to the public at public auction. If such property is transferred to a county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If property is transferred to the local government purchasing and stores agency or other similar agency pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession. If the local government purchasing and stores agency or other similar agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold.
2080.5. The police department or sheriff's department may sell such property by public auction, in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges provided by Sections 2080 and 2080.1, in the following cases:
(1) When the thing is in danger of perishing, or of losing the greater part of its value; or,
(2) When the lawful charges provided by Sections 2080 and 2080.1 amount to two-thirds of its value.
2080.6. (a) Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. Any public agency adopting such regulations shall provide therein
(1) that such unclaimed property shall be held by such agency for a period of at least three months,
(2) that thereafter such property will be sold a public auction to the highest bidder, and
(3) that notice of such sale shall be given by the chief administrative officer of such agency at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency. In a county having a purchasing agent, the purchasing agent may conduct such sale, in which case the provisions of subdivisions (2) and (3) of this section shall not be applicable. Such sale shall be made by the county purchasing agent in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the public agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold. (b) "Public agency" as used in this section means any state agency, including the Department of General Services and the Department of Parks and Recreation, any city, county, city and county, special district, or other political subdivision.
2080.7. The provisions of this article have no application to things which have been intentionally abandoned by their owner.
2080.8. The Regents of the University of California may provide by resolution or regulation for the care, restitution, sale or destruction of unclaimed property in the possession of the Regents of the University of California or of the University of California Police Department. Any resolution or regulation adopted pursuant to this section shall provide therein
(1) that such unclaimed property shall be held by the Regents of the University of California or the University of California Police Department for a period of at least three months,
(2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such
sale shall be given by the Regents of the University of California or the University of California Police Department at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which such property is held. The Regents of the University of California may dispose of any such property upon which no bid is made at any such sale.
2080.9. The Trustees of the California State University may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed, lost, or abandoned property in the possession of any state university. Any resolution or regulation adopted pursuant to this section shall include therein
(1) that such unclaimed or lost property shall be held by the particular state university for a period of at least six months,
(2) that thereafter such property, as well as abandoned property, will be sold at public auction to the highest bidder, and
(3) that notice of such sale shall be given by the Trustees of the California State University at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which such property is held. The Trustees of the California State University may dispose of any such property upon which no bid is made at any such sale.
2080.10. (a) When a public agency obtains possession of personal
property from a person for temporary safekeeping, the public agency shall do all of the following:
(1) Take responsibility for the storage, documentation, and disposition of the property.
(2) Provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the public agency obtains the property or immediately mailed, by first-class mail, to the person from whom the property was taken.
(3) If the public agency has knowledge that the person from whom the property was taken is not the owner, the agency shall make reasonable efforts to identify the owner. If the owner is identified, the public agency shall mail, by first-class mail, a receipt and instructions for the retrieval of the property.
(b) The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within 60 days after the public agency obtains possession or the property will be disposed of in accordance with the disposal provisions of this article. Within 60 days, the person may do one of the following:
(1) Retrieve the property.
(2) Authorize in writing another person to retrieve the property.
(3) Notify the public agency in writing that he or she is unable to retrieve the property, because he or she is in custody, and request the public agency to hold the property. If a person notifies the public agency that he or she is unable to retrieve the property within 60 days, or have an authorized person retrieve the property, the public agency shall hold the property for not longer than 10 additional months.
(c) The public agency shall not be liable for damages caused by any official action performed with due care regarding the disposition of personal property pursuant to this section and the disposal provisions of this article.
(d) As used in this section, "public agency"; means any state agency, any city, county, city and county, special district, or other
political subdivision.