[HISTORY: Adopted by the Town Board of the Town of Stillwater 7-21-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter is to promote the health, safety and general welfare of the Town of Stillwater and of its inhabitants by establishing in this chapter a local law governing the permitting and regulation of metal detecting on Town-owned property.
B. 
Title. This chapter shall be known as the "Local Law Regulating Metal Detecting on Town property within the Town of Stillwater."
C. 
Authority. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law.
D. 
This chapter shall be consistent with the provisions of the New York State Education Law § 233 and 9 NYCRR Title 9 Subdivision 1, along with all federal restrictions prohibiting or otherwise restricting metal detecting.
For the purpose of this chapter, the following words, terms and phrases shall have the meaning ascribed to them in this section:
METAL DETECTING
The use of metal detectors, equipment, pin-pointers, digging tools, or other ground-penetrating devices used in hunting for precious metals, coins, artifacts or significant objects of historical, paleontological, cultural, or archeological value.
RECENT COINS
Coins still in common circulation and/or of a value of less than $25 ("nominal value").
SIGNIFICANT OBJECT(S)
Any object of an historical, paleontological, or archaeological nature, or any coin or object whose value significantly exceeds its face value. A recent coin is not a significant object.
TOWN PARKS
Shall refer to and incorporate § 152-1B of the Town Code as followed:
A. 
Town-owned or controlled property, lands, waterways, beaches, swimming and boating areas, structures thereon and appurtenant objects associated therewith intended for the protection of the scientific, historic, cultural and architectural interest thereof and to make such lands available for public recreation. This shall include sports fields, courts, playground equipment, trails, designated swimming and boating areas, roads and parking facilities within those areas, and any other area or facility intended for any form of lawful outdoor public recreation.
A. 
Metal detecting activity in Town parks requires a valid permit issued by the Town Clerk for the Town of Stillwater.
B. 
Permits shall be available from the Town Clerk for a fee established by the Town.
C. 
Permit holders shall use hand tools that can be used by one hand only for metal detecting. Hand tools shall be limited to four inches wide and 12 inches long.
D. 
Permit holders shall restore any disturbed area to its original condition by removing all evidence of digging and/or probing. All trash, litter or other debris uncovered must be removed and placed in an approved trash receptacle.
E. 
Probing or digging is strictly prohibited within 25 feet or the dripline of the tree, whichever is greater, and in the following areas: athletics fields, manicured lawns, newly seeded lawns, monuments, memorial tree plantings, tracks, golf course, flower bed/gardens, woodlands, native vegetation areas, or any other area restricted by signage.
F. 
Permit holders shall comply with any directives to move or cease their actions by any Town official.
G. 
Permit holders shall not go into any closed beaches or Town parks and shall abide by all other rules and restrictions set forth in Chapter 152, Parks and Recreation Areas, of the Town Code.
H. 
Metal detecting is explicitly prohibited within Saratoga National Historic Park (referring to the Saratoga Battlefield and surrounding federally protected lands).
A. 
All recovered significant objects must be reported to the Town Clerk for the Town of Stillwater within 48 hours of finding. Applicant shall submit a photo of the significant object to the Town upon request. The Town will determine whether to retain title and possession of the recovered significant object(s) or whether the significant object(s) need to be surrendered to New York State pursuant to Education Law § 233.
B. 
Any identifiable property found (such as jewelry or other tangible items) must be turned over to the Town for delivery to the local Town's Police Department where applicable procedures will be followed. The Town will provide a receipt and hold the object(s) for a determined period while the Police Department works to locate a proper owner of the lost property.