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State of California:

State Law on Metal Detecting

State Park Regulations


Official State Park web-site.


Auburn State Recreation Area California State Parks


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.

Park Regulations and Legal References

Cities:

Roseville, CA

Roseville Park Regulations

Sacramento, CA

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, unless a park use permit has been first issued therefor, or pursuant to a special event permit or waiver issued under Chapter 12.48. If the assembly is expected to be more than two hundred (200) persons, a special event permit is required pursuant to Chapter 12.48 in lieu of a park use permit under this chapter;

B. Conduct or carry on any organized activity that includes carnival rides or animal rides unless a special event permit under Chapter 12.48 has been first issued therefore;

C. Use any amplified sound in a park except as provided in Section 12.72.110;

D. Engage in any commercial activity in a park, unless a park use permit or special event permit under Chapter 12.48 has been first issued therefore, or a lease or concession contract was issued under Chapter 3.68 or 3.72, or the commercial activity is inextricably intertwined with the expression of free speech rights;

E. Sell, possess, or drink alcoholic beverages in a park, unless a special event permit under Chapter 12.48 has been first issued therefore;

F. Erect temporary fencing or temporary structures, use specialized recreational equipment as part of group event, or use any portion of a park for a purpose for which it was not designed or intended, unless a park use permit has been first issued therefore, or pursuant to a special event permit issued under Chapter 12.48;

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, or drink alcoholic beverages in children’s playground areas;

I. Enter or remain in a children’s playground area if such person is eighteen (18) years of age or older 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;

J. Bring any wild or domesticated animal or pet into or upon grounds of the zoo, Fairytale Town, any swimming pool, any golf course, commercial amusement area or children’s playground area except as provided in Section 9.44.300(B);

K. Bring any domesticated animal or pets into park areas other than those designated in subsection J of this section unless they are leashed except as provided in Section 9.44.300(B), or pursuant to a special event permit issued under Chapter 12.48;

L. Possess, discharge, or shoot:

1. Any bow and arrow in any park, except in areas designated for such use,

2. Any firearm in any park, except in areas designated for such use and except by a peace officer or by a security guard acting under the authority of a special access permit issued pursuant to Article VI of this chapter,

3. Any slingshots, air guns, and other devices potentially harmful to park visitors, which devices are prohibited in all parks, or

4. Any pyrotechnics in any park unless pursuant to a special event permit issued under Chapter 12.48;

M. Play or practice golf in any area not designated for such use;

N. Swim or wade except in supervised swimming or wading pools;

O. Engage in horseback riding in any park, except for the following activities:

1. Horseback riding on designated bridle paths, or

2. Horseback riding by any peace officer while the peace officer is engaged in the performance of his or her duties;

P. Kill, chase, wound, or capture any wild or domestic bird, or animal in a park. This subsection shall not apply to the chasing or capturing of one’s own animal;

Q. Intentionally remove, break, injure, deface, or disturb any plant material, structure, or improvement;

R. Contaminate in any way any water, fountains, pools, lakes, rivers, other water supply, or wash any clothing or cooking utensils in any such waters;

S. Dispose of trash or garbage not accumulated within park areas or dispose of trash or garbage accumulated within park areas other than in receptacles provided for this purpose;

T. Start or maintain fires in parks other than in “on-site” barbecue pits or personal portable barbecues within designated picnic areas. No person shall fail to extinguish live coals or fires before leaving the picnic area;

U. Open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose;

V. Use or operate any vehicle or other motorized objects in the following ways:

1. Operating gasoline or other fuel-powered vehicles (except golf carts where authorized) in any park, except upon streets, parking lots or other areas designated for such use, unless expressly permitted in writing by the director. This subsection shall not apply to city employees on official business, or

2. Operating or parking any vehicle as defined in the California Vehicle Code within a park, except upon areas designated for such use, unless expressly permitted in writing by the director. This subsection shall not apply to city employees on official business;

W. Camp in any park without a park use permit or pursuant to a special event permit issued under Chapter 12.48;

X. If the person is fifteen (15) years of age or older, play softball or baseball on any softball or baseball field where signs are posted that prohibit such play by such person;

Y. Do any of the following acts in Garcia Bend Park, Miller Park, or the Sacramento Boat Harbor:

1. Park outside the areas designated for parking or double-park at any time,

2. Park any vehicle or trailer in a boat launch area other than while putting a boat in or taking a boat out of the water, or

3. Park any trailer in any section posted “NO TRAILER PARKING”; or

Z. Dock a boat at any city-owned or city-managed dock for more than thirty-six (36) consecutive hours or for the purpose of living on board the boat for more than one night while moored at the dock. One or more persons on board the boat at any time between the hours of one a.m. and six a.m. shall be conclusively presumed to be living on board for the night. A boat that departs a dock after being moored for twenty-four (24) hours or more, or which departs a dock after having been moored for the purpose of living on board for one night, shall not return to the same dock until at least twenty-four (24) hours have elapsed. The term “dock” shall include the courtesy docks in Miller Park, Garcia Bend, and Old Sacramento, and any other dock operated primarily for temporary boat mooring purposes. Notwithstanding the foregoing, the city council, by resolution, may establish special rules relating to use of the docks in Old Sacramento, which rules may permit longer periods of mooring, impose fees for overnight mooring privileges, and permit other special uses of those docks;

AA. Enter the designated natural habitat areas within Del Paso Regional Park, except for the following activities:

1. Horseback riding on the designated trails;

2. Walking or using a non-motorized bicycle on the designated trails; and

3. Using the areas for scientific, environmental, educational, or maintenance purposes, if granted permission to do so by the city manager. (Ord. 2017-0004 § 1; Ord. 2012-042 § 5)

Counties:

El Dorado County Sly Park

Metal detecting is not allowed in Sly Park Recreation Area managed by El Dorado Irrigation District.
Thanks,
Greg Hawkins
Ranger

East Bay Regional Parks


East Bay Regional Parks

(I) Section 406 Devices

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.

Metal detecting Permit Requirement

Santa Clara County Parks


Santa Clara County parks requires and annual permit to Metal Detect

Sec. B14-55.2. Metal detecting:

Permit Fee:


Metal Detecting is not allowed in the following Santa Clara County Park areas:

County of Santa Clara
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, California 95032-7669
(408) 355-2200 FAX (408) 355-2290
www.parkhere.org


Staff may close any area to this activity for purposes of maintaining visitor safety and/or preserving significant artefactual remains.
No person shall collect, excavate, injure, destroy or appropriate prehistoric or historic artifacts or human skeletal remains from lands under the jurisdiction of the Division except with written permission from the Director.

Use of electronic devices for “treasure hunting” is prohibited.

Not all sites allow metal detecting to protect significant cultural or natural resources.

Use of metal detectors at historic sites is prohibited.

Metal detecting is recognized as a legitimate recreation activity when it is conducted in ways that do not damage the natural and cultural resources in Santa Clara County Parks nor violate applicable state statues. Any items found must be reviewed by park staff and may be retained for further investigation.
Operators of a metal detector shall wear or carry a litter apron or bag, and all litter found is to be deposited in an approved trash receptacle.

Operators may keep any non-identifiable items with a nominal value of less than $25.00. Identifiable items, such as rings, watches, etc., and all other items of value exceeding $25.00 are to be deposited with the park superintendent. These provisions apply to all lost and found articles including those found without the aid of a metal detector.

001.14C5 All historical, archeological or paleontological items found are to be left undisturbed and their location reported to the park superintendent.

§ 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) Rockhounding 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. The act of passing a metal detector over the ground in a Santa Clara County Park is not against the law. The prying up or digging out of an object however may be, as this may not be done if it disturbs the animals, plants, geological or archaeological features. Section 4309 gives the Department the authority to grant permits to disturb resources if it is in the best interest of the Department to do so. Metal Detecting is not allowed in the following 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.
• Santa Teresa County Park– North of Bernal Road Sunnyvale - NO Digging allowed in parks

State of Nevada

State Park Regulations: http://www.leg.state.nv.us/nac/NAC-407.html

State Park Metal Detecting Rule and Regulation Detail:
NAC 407.103  Metal Detector. (NRS 407.0475, 407.065)

Except as authorized by the supervisor of the park, no person may use a metal detector in the park.

(Added to NAC by Div. of St. Parks, eff. 11-12-93)

Reno

Is metal detecting allowed in the parks? Yes. A permit may be obtained for free at the Idlewild Park Office, 2055 Idlewild Dr. Call 775-334-2270.



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 the animal.

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 therefore 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.





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