What Does Dumpster Diving Mean, Anyway?
What is dumpster diving? To put it simply, the term dumpster diving can refer to any of the following:
- Searching for food in dumpsters
- Searching for treasure and collectibles in other waste receptacles
- The practice of retrieving information or data from people’s trash that may have been thrown away with the intention or expectation that it is no longer useful
People who search through the dumpsters looking for food are often homeless, and this type of dumpster diving is usually not considered illegal unless it takes place on private property. When it comes to searching through dumpsters at grocery stores and restaurants to find food, this is typically considered trespassing and is most likely to be against the law. Treasure hunters of all types may search through waste receptacles or dumpsters to find valuable items, collectibles, furniture, and more . This is only illegal in the case that a person is trespassing or entering the dumpster or receptacle without permission or breaking into the item. Items of value that people may be looking for can include electronics, furniture, antiques, collectibles, and anything else of worth. There are often people who have made a lucrative hobby out of dumpster diving in this way, and therefore it is rather common in big cities. Still, this practice does not occur much after dark. Finally, the use of the term dumpster diving may sometimes simply refer to the act of retrieving a person’s personal information or confidential information that has been carelessly discarded in the trash. In this way, dumpster diving involves going through someone’s trash and stealing their identity by collecting personal records that are stored within the trash.
Dumpster Diving and the Law in Ohio
The legality of dumpster diving in Ohio depends on where you are digging. State laws and local ordinances so far do not seem to officially address dumpster diving. The state of Ohio does not have an official policy on dumpster diving. Nevertheless, many states, companies, and municipalities have policies that criminalize dumpster diving. These policies range from defining dumpster diving as simple trespassing to defining it in terms of criminal privacy infringements.
The most common law cited against dumpster divers is the Fourth Amendment. Although dumpster diving is not explicitly mentioned, some people argue that dumpster diving infringes on a corporation’s right to privacy. Under the Fourth Amendment, people are not allowed to search private property without a search warrant. However, the homeowners may allow people to search their property, unless there is a "reasonable expectation" of privacy.
Many people believe that when people throw their waste away, they no longer have any "reasonable expectations" of privacy. After all, if people wanted to keep their trash private, they could simply burn the trash or bury it. However, this argument fails in the context of dumpster diving.
When you place an item in a dumpster, you are actually renting the dumpster from the waste management company that provides the dumpster. For this reason, the dumpster is technically private property. When you don’t have permission to search private property, you may be charged with trespassing.
In Ohio, dumpster diving is illegal on private property, such as residential or corporate property. Under Ohio law, unauthorized dumpster diving could be classified as criminal trespass, criminal mischief, criminal damage, or theft. If you dumpster dive on private property, the dumpster diver seeks to gain something of value or otherwise seeks to causally benefit. The dumpster diver is clearly aware that the dumpster diver is invading someone’s personal space. Criminal trespassing laws prohibit this type of behavior.
Most states use different penalties for classifying the invasion of private property. States punish convicted trespassers with fines, prison terms, and other consequences. In Ohio, trespassers have to pay a fine between $50 and $500 per occurrence. However, the trespasser could have to pay three times as much if the trespasser has misdemeanor trespass convictions.
Under Ohio state law, second-degree misdemeanors are subject to $750 in fines and prison terms of up to 90 days. Ohio also fines people who commit a fourth-degree felony up to $2,500. A person convicted of a misdemeanor is also punished with sentencing. For example, the convicted person may be required to attend rehabilitation sessions or do community service hours. For these reasons, people should limit their dumpster diving activities to public property.
The Municipalities in Ohio and Their Dumpster Diving Laws
In Ohio, some municipalities have enacted laws that restrict dumpster diving. These laws vary from city to city. For instance, in Cleveland, it is against the law to "dump, throw, place or deposit any kind of refuse or foreign substances, in an open container such as a dumpster or roll-off container, which is designated by a business or commercial user for the purpose of collecting refuse from the premises of such user." In Columbus, it is unlawful to "take [a]ny amount of recyclable material from orange nylon bags or containers placed by a commercial hauler for collection by that commercial hauler or municipal corporation." In Cincinnati, it is against the law to "steal any goods, wares or merchandise, which shall be in any manner exposed to sale or placed in position for sale."
Some cities may also limit dumpster diving to certain areas, or may place restrictions on the hours that dumpster diving is permitted. For example, in Columbus there are certain areas where dumpster diving is not allowed: Also, no placing of any articles, receptacles or other items for the purpose of collecting in conjunction with pick-up, dumping or disposal of materials of any kind shall be permitted in, on or adjacent to the rights-of-way or public places or other public property except during the hours between 8:00 PM and 6:00 AM. In addition, some municipalities may mandate that a dumpster diver obtain a permit to dumpster dive, such as in Akron: The city of Akron shall provide a permit to any firm or individual wishing to collect litter or other waste material from any commercial refuse container, dumpster or allied container provided that such person, firm or corporation provides satisfactory evidence that it has insurance for the injury to the public and to all parties who employ its services.
The Consequences if You Dumpster Dive Illegally
While personal consequences may vary, individuals caught dumpster diving can be fined or even jailed for trespassing or theft. In Ohio, violation of trespassing laws can lead to a range of penalties depending on the specifics of the offense:
Fines.
Charges for trespassing of a misdemeanor can vary from 90 days as an arrest to a $250 fine.
Arrest and Criminal Record.
If you are caught dumpster diving without permission from land owners, you can be charged with a misdemeanor. This means you have a permanent record for the rest of your life. This can prevent you from getting a job, finding a place to live, or even being able to travel abroad.
Tips to Legally Dumpster Dive in Ohio
If you are new to the practice and hoping to dumpster dive legally, there are a few tips to keep in mind. Respect for property rights is key. This means that, whenever possible, you need to obtain permission from both the property owner as well as the waste disposal service. Should the owner or contractor object to your presence, you should not persist in being on the property. Should the waste disposal contractor object, you should readily comply with their request. If an area appears to be private, it probably is. For instance, if a dumpster is located alongside a church and a town hall, but the church’s doors are locked, you should think twice about being there. Areas near schools, daycare centers and other areas of high activity are not a good idea for dumpster diving. Steer clear of dumpsters that are locked. It is illegal to tamper with someone else’s lock on a dumpster, so leave locked dumpsters alone. Be sure to know what you can take and what you should not take. When it comes to food, the general rule is if it’s in a sealed and undamaged container, then it is likely safe to eat. (You should pack a flashlight to check for vermin.) Things like ice cream, condiments, vegetables and meat generally fall into this category . When it comes to things like cardboard boxes, be aware that there can be mold growing inside them. Artifacts made of glass, metal or plastic are often safe. Items like clothes, books, furnishings and everything else run the gamut of potential destruction. Generally, if something appears to be in the dumpster for a long time or if it is substantially damaged, it is likely trash and not salvageable. Know what you can’t sell. In the case of Ohio, as in most states, selling anything that you have taken from a dumpster is illegal. Minimize your exposure. If you are dumpster diving near a neighborhood, stay very aware of your surroundings. Avoid using a flashlight if at all possible. In some cases, it may be better to wait for a bright night to dive. If you do have to use one, make sure it does not draw attention to you. Lastly, avoid wearing dark clothing as much as possible. The more you blend into your surroundings, the better off you will be. If you do encounter a police officer either in the dumpster or outside the dumpster, do not push the issue. Simply stop and comply with their request. If they ask you to leave, cooperate. Going with a friend is a good idea to minimize the chances of a negative encounter.
Dumpster Diving and the Environment and Ethics
While dumpster diving is often approached from a strict legal standpoint, there are also ethical considerations to take into account. When considering the practice of dumpster diving, it is important to balance the benefits of recycling and reducing waste with the concerns of trespassing and health risks to both the dumpster divers and others.
According to the EPA, "more food reaches landfills and incinerators than any other single material in our everyday trash." The Recycling Partnership reports that 29 million tons of food goes to waste each year in the U.S. This wasted food is "equivalent to releasing 36 million tons of carbon dioxide pollution annually…" Meanwhile, reusing materials reduces the need for new resources which can result in significant water, energy and raw material savings. Indeed, there are many environmental benefits to dumpster diving.
Conversely, dumpster diving can be risky business. Because trash cans are often located behind businesses, dumpster divers may be at risk of trespass and loitering. Further, the contents of the trash can often be hazardous. Even if the dumpster diver is careful, he or she may touch harmful substances. In either case, dumpster divers can encounter legal liability for their conduct.
Conclusion to Dumpster Diving in Ohio
In conclusion, while dumpster diving may be a more sustainable method of retrieving discarded items, it is essential to understand and respect local laws and regulations. In Ohio, municipal ordinances play a significant role in determining whether dumpster diving is permitted or restricted in certain areas. It is vital to respect all no trespassing signs, witness if the property line is clearly marked with fencing , telephone poles or no trespassing signs and understand the local laws and do not trespass. While the legality of dumpster diving remains a grey area, it is always best to err on the side of caution to avoid any potential legal issues. In summary, the legality of dumpster diving in Ohio is a nuanced issue that varies from one municipality to another. By making informed decisions and respecting the laws in your area, you can enjoy the benefits of dumpster diving without running into unnecessary trouble.