Ask MRSC - Parks and Recreation

State law does not address the use of metal detectors in city parks. However, there are state statutes and regulations related to the use of metal detectors in state parks. For example, the State Parks and Recreation Commission must allow the use of recreational metal detectors within a certain minimum acreage of state parks. See, e.g., RCW 79A.05.190 and RCW 79A.05.195. And WAC 352-32-235 provides administrative rules regarding the use of metal detectors in state parks.

Whether and how metal detectors may be used in city parks/public property will be a matter of local policy. The city is not required to allow use of metal detectors on city property. Conversely, if the city wanted to allow use of metal detectors in such areas, the city could do so but should establish clear guidelines regarding their use.

Below are some examples of local regulations related to use of metal detectors on city property:

• Buckley Municipal Code Sec. 10.84.195 – Metal detectors are limited to daylight hours and with registration.
• Burien Municipal Code Sec. 7.30.010 – A permit is required, unless the device is used on unimproved park lands.
• Jefferson County Municipal Code Sec. 12.25.210 – Allowed in certain parks with a permit.
• Port Angeles Municipal Code Sec. 12.04.140 – Coin recovery allowed with a permit.

We have several examples of art policies on our Arts Commissions and Programs page. Those programs talk about the process of selecting art both as part of an agency construction project and as stand-alone acquisitions.

For the contracting piece, MRSC has historically said that the acquisition of public art, including its design, are not “public works.” In response to a previous inquiry, we said:

• Where artwork is fabricated and installed, if the artwork is not an integral, functional part of a building or structure it would not be subject to public works bidding requirements or prevailing wages if completed by the artist. Along those same lines, if there is a part of the installation that is clearly not art (such as installation of a foundation or construction related work to prepare for some artwork), that arguably should be treated as a public work and bid out.

Likewise, if the installation is a part of the building or structure the installation is probably subject to prevailing wage requirements, while a stand-alone installation may not be. But as always, we recommend checking with the Department of Labor & Industries on prevailing wage questions.

Finally, here is a sample contract: Temporary Loan of Sculpture Contract – Olympia (2014).