Hey GKL, haven't you seen all the silly rules and distinctions and definitions that come with permits, when dreamed up at various places ? Eg.: the "fine print" ? Things like : "Not within 10 ft. of any tree", or "digger tool shall not exceed 3 inches in length", or "turn in all items to lost & found" (yeah right), or "on sandy beaches only", blah blah blah. And ... seriously now.... do you think that ANYONE is interested in distinguishing, or even thinking about such sillyness ? The question is really: WHY is someone commenting on shovel lengths, trees, earthworms, lost & found, blah blah.
I too find it "interesting". Ie.: why do they care in the first place, to the extent that it's even spelled out on a city-list-of-rules. And I know the reason why.
Even if this bizarre series of events were true, then still: What put it on that "committee's plate" and radar as something that needed addressing IN THE FIRST PLACE ?
I'd venture to guess that there are plenty of md'rs who either 1) got permission (as if it were needed), or 2) had a "permit", in a city that ever dreamed those up. And still got the stink-eye and scram. EVEN if they can "flash their permission" or "flash their permit". Because all that the griper has to do is get on his cell-phone, call down to city hall and say "But he's tearing the place up !" (which isn't true, of course). So "permits" are not some sort of carte-blanche.
And have you noticed that many cities that used to have these "lovely permits that we all feel so good about", will ..... years later .... simply revoke them altogether ? There's been cases of this. And if you wonder "why ?", here's why: Because the MERE FACT that this is on a list of permits, that they issue, means it's PERPETUALLY ALWAYS on their radar as something that has to be implemented . Eg.: Fees collected, a file kept on permit-holders, blah blah. And then sure as sh*t, one year, years later, when they're doing their annual review of their various "permits", someone is sure to think
"Gee, do we really want all these yahoos out there digging in our parks ?".
So they yank it altogether. Thus as you can see, it was much better to have been silent on the subject, rather than expressly sanctioned/allowed/permitted.