(a) Except as provided in subsections (b), (c) and (d), it shall be
unlawful for any person, while located on city property, to:
- possess or use a mineral or metal detector or any other device
or probe to search for objects in, on or below the surface of the soil;
- dig, excavate or in any other way disturb the surface of the soil;
- remove any object found in, on or below the surface of the soil.
(b) Notwithstanding the prohibitions in subsections (a) (1) and (a)
(3), permission may be obtained from the director of the department of
recreation, parks and cultural activities, or his designee, to use a
metal detector on city property to locate and recover a specific item
of personal property which has been lost by the person requesting the
permission.
(c) Notwithstanding the prohibitions in subsections (a) (2), permission
to dig on or excavate specific city property may be granted by the city
manager, after review of and favorable recommendation on the request by
the city archaeologist. Any objects found as a result of such permitted
digging or excavation shall remain the property of the city. Any person
receiving permission under this subsection shall, at the completion of
the work, restore the city property to its previous condition.
(d) This section shall not apply to activities conducted by city employees
during the course of their duties.
(e) Any person violating this section shall, upon conviction, be guilty
of a class three misdemeanor. Each day that a violation continues or
occurs shall constitute a separate offense.