(a) Definitions.
(1) Geocaching is the activity of hiding a geocache from public view for the challenge of participants using a global positioning system (GPS) device and Internet-published coordinates to locate the geocache. Once it is located, the participants may take an item from the geocache, replacing it with one that they contribute, and/or sign and date a logbook.
(2) Geocache is a weather-resistant container, such as a plastic food storage container, that serves the purpose of providing a place to store small trade items and/or logbooks. It should be clearly labeled in large lettering with the word "Geocache" located on the inside or outside of the container. Geocaches are intentionally placed by their owners and are not abandoned property.
(3) Letterboxing is similar to geocaching in that a player takes directions from a web site and uses those directions to find a hidden object. In the case of letterboxing, the directions come in the form of a riddle, and the hidden object is a stamp that the finder can use to stamp a piece of paper to prove that he/she has visited the site.
For purposes of this policy, the term "geocaching" shall cover "letterboxing," too.
(b) Geocache Placement on City Property.
(1) Geocaching is considered an acceptable outdoor recreational pursuit for all municipal parks. Geocache placed in a municipal park shall be done pursuant to the regulations established by the Martinsburg-Berkeley County Parks and Recreation Board.
(2) Geocaching is prohibited on all other municipally owned properties without prior written permission of the City.
(3) City employees should not remove geocaches placed on City property unless City authorities believe there to be an imminent hazard to humans or an unacceptable level of damage to the environment or it is not in compliance with this policy. Any geocache found on City property without proper authorization shall be removed.
(c) Geocache Placement throughout the City.
(1) Geocaching is prohibited on all other properties throughout the City, unless consent has been given by the property owner or authorized property manager.
(2) Failure to obtain the consent of the property owner or authorized property manager may result in potential trespassing and/or disorderly conduct charges.
(d) Approval Procedures.
(1) City property other than municipal parks may be used to hide a geocache only if the person wishing to do so first obtains written approval by the City Manager or appointed designee. The following minimum information shall be included on the request:
A. Name, address and phone number of the owner or original placer of the geocache.
B. The exact location both in GPS coordinates and written description or a map of the geocache site.
(2) The City is not responsible for any vandalism or other damage to geocaches.
(3) The City reserves the right to terminate the approval for placement of a geocache on City property for any reason at any time. Prior to termination of this approval, the City will contact the geocache owner or original placer using the contact information provided on the application to allow the owner to remove the geocache or move it to a new location. If the City is unable to contact the geocache owner/placer the geocache will be removed.
(e) Logistics.
(1) Geocaches are not to be buried. A geocache is considered buried if it must be dug up by hand or by an object used as a digging tool. Placing rocks, bark, logs, etc. over a cache is not considered burial. Neither is placing a geocache into a naturally occurring crevice or hole.
(2) Geocache owners/placers are required to maintain the geocache.
(3) The following items are not allowed to be placed into geocaches:
A. Food of any kind.
B. Pocket knives or weapons of any kind.
C. Illegal items such as drugs.
D. Material restricted from minors such as (but not limited to): tobacco, adult publications, and alcohol.
(4) Geocache hunters are not required to seek authorization before searching for a geocache; however, they are required to abide by all park rules and laws.
(5) If geocache owners/placers find illegal or hazardous materials in the geocache, the person making the discovery should contact the Police Department before removing the item(s).
(Ord. 2009-14. Passed 9-8-09.)