Park Regulations and Legal References
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
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
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
Article III. Park Use (Items that may relate to
12.72.060 Park use regulations.
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
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;
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
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.
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;
Engage in any business activity in any park;
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;
Ride bicycles, smoke, drink alcoholic beverages or picnic
in children’s playground areas;
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;
Intentionally remove, break, injure, deface, or disturb
any plant material, structure, or improvement;
El Dorado County
Metal detecting is not allowed in Sly Park
Recreation Area managed by El Dorado Irrigation District.
Permits Required for Metal Detecting at:
East Bay Regional Parks
(I) Section 406 Devices
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.
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
Santa Clara County parks requires and
annual permit to Metal Detect
Sec. B14-55.2. Metal
and Recreation, Department of (DEP)/Park Activities
Metal Detecting is not
allowed in the following Santa Clara County Park
� 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
� Coyote Creek Parkway - Coyote/Fisher Ranch house &
� 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 Law on Metal Detecting
sidebar at right
State Park Regulations
Official State Park web-site.
Auburn State Recreation Area California State Parks
State Park Regulations:
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
§ 4308. Archaeological Features.
No person shall remove, injure, disfigure, deface, or
destroy any object of archaeological, or historical interest
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.
U.S. DEPARTMENT OF THE INTERIOR BUREAU
OF LAND MANAGEMENT
BUREAU OF LAND MANAGEMENT
Collecting on Public Lands
LAKE TAHOE BASIN MANAGEMENT UNIT
METAL DETECTORS CLOSURE TALLAC HISTORIC
SPECIAL INTEREST AREA
1906 American Antiquities Act
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
1979 Archaeological Resources
USING METAL DETECTORS ON
- 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
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
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...
Memoranda on Metal Detectors
State of California
Date: April 16, 1997
To: Folsom Visitor Services Staff All
ARD Administrative Staff
From: Department of Parks and Recreation
American River District
Subject: Mineral Collection, Use of Metal Detectors -
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
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
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
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
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
(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
(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
(1) that such unclaimed or lost property shall be held by the
particular state university for a period of at least six
(2) that thereafter such property, as well as abandoned
property, will be sold at public auction to the highest
(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
2080.10. (a) When a public agency obtains possession of
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
(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
(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
(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,