Under Nappanee General Regulations – Chapter 97: Parks and Recreation
States that no person shall displace, raise, tamper or excavate park property
States that no person shall disturb, mutilate, sever or disturb any growing thing (grass)
So in the past we have allowed metal detectors, but have prohibited any digging or displacing park property (ground).
So at this point you can use metal detectors but cannot dig at all.
We will be looking at this in more detail soon – and may need to amend a bit and have a set of rules that are directly related to the use of metal detectors in our parks.
~~Below is Elkhart County Parks Policy – they require a permit and still do not allow digging~~
The Elkhart County Park Ordinance No. 12-177 Section 7 (B) states that “it shall be unlawful for any person to displace, excavate, carry away, otherwise or modify the arrangement of soil, sand, gravel, stone, rock, asphalt, or other ground material within any park”. We do recognize the use of a metal detecting device as a recreational pursuit or serviceable tool but only in a very limited basis within our parks.
I. Metal detecting may be used ONLY in established parking areas within our park areas.
A. Metal detecting must only be done on the surface.
B. No disturbing the ground.
C. A permit will be issued for this activity free of charge
II. Metal detecting may be used in other limited public use areas with a special use permit issued by park administration to the owners of lost items in a designated park.
III. Permits issued must be in the possession of the user while in the parks.
IV. All metal detector users must abide by all park rules and regulations. Violations of this policy or the park ordinance may result in revocation of the user’s permit. Penalty for the violation is a minor misdemeanor and may result in a court citation and fine.
V. All detecting in the Elkhart County Park and Recreation property must follow the codes as set forth in the American Antiquities Act of 1906 16 USC 431-433 and the Indiana Antiquities Act IC 14-21.