What Is “Dumpster Diving?”
Many people are sometimes surprised to learn that they can be subject to criminal charges for something as innocuous as going through someone else’s trash. Yet dumpster diving is a surprisingly prevalent pastime. To better understand how dumpster diving can expose you to liability, let’s first take a closer look at just what dumpster diving means. "Dumpster diving" is a term used to describe the practice of going through trash containers (often at commercial facilities) to look for useful objects. This practice is common among people who wish to minimize waste. In the eyes of those who practice it , dumpster diving is its own social movement, and supporters often view it as a positive form of recycling in which nothing is wasted – not even the goods that are thrown out. While this may seem like an effective approach to limiting waste, it is important to be aware that dumpster diving can be a good way to land in legal trouble. Businesses and other facilities commonly post no trespassing and no dumping signs on their dumpsters, and the penalties for trespassing may even include criminal trespassing.
Is Dumpster Diving Legal In Kentucky?
Under Kentucky law, "trespass" is defined as entering or remaining unlawfully upon the premises of another. Although it seems like nearly every type of trespass has a criminal element, occasional cases do come up about when and where dumpster diving becomes an issue. To have a valid claim for trespass, the property owner must have taken reasonable steps to stop trespassers from entering the property. A Dumpster company or hauler providing service to a business likely has a "contact" or "agreement" with the property owner for services they provide. If that contract or agreement allows any exception to the property owner’s right to exclude others from the property, then there likely is no legal basis on which to base a claim for trespass against a person entering a dumpster out of curiosity.
Kentucky has not enacted any anti-dumping laws. In one case where a person was found guilty of "trespassing" after a court determined he had "unlawfully" entered the "dumpster side" of a property in search of aluminum cans. However, there was more to the case than simply diving into the dumpster for cans. The person in that case was charged with, among other things, a violation of the Kentucky Criminal Trespass statute. The statute provides that "[a] person is guilty of criminal trespass in the third degree if, while knowing that he or she is not licensed or privileged to do so, he or she either: (a) enters or remains unlawfully upon the premises of another" or "(b) knowingly and without authorization photographs, videotapes, films, or otherwise captures an image of another person where the person knows or reasonably should know he or she is not licensed or privileged to do so." As you may see from the language above, the person in the case above was accused not only of going through the property but also taking photographs and filming at the location. The conviction was actually a case of "knowingly capturing an image" within an area known to be off limits to customers. And this case was wrongful because the "Dumpster side" of the property was not open to customers.
In another case, a person was found guilty of criminal trespass under similar circumstances but where the Court concluded that "dumpster side" of the property was not a portion of the property open to customers and where the person had taken hundreds of photographs while rummaging through the bins. The Court found that when the person was asked to leave the area he refused and continued to take unauthorized photographs while videotaping. Even when the person was asked not to take any more photos, he refused to turn over the camera until police officers were present and ended up damaging the camera. This case also demonstrates how quickly a minor crime of curiosity can turn into another more serious offense such as damage to property and "intimidating a witness".
Local Laws and “Trash Rights”
The varying local regulations in Kentucky may affect whether you have a right to legally dumpster dive. Local laws are determined by an individual city, town or county and sometimes override the dumpster diving laws of the state. The prohibitive measures in these ordinances can be similar to state law, although they may be more specific and difficult to interpret. Local ordinances in Kentucky may criminalize trespass, which could modify the dumpster diving laws of the state. Interfering or interfering with mail private property are both categorically illegal as misdemeanors in Kentucky. The city of Mayfield, Kentucky has a trespassing ordinance that prohibits advertising on private property without permission. The city of Paducah has an ordinance that prohibits entry into vacant other property except by authorized personnel. St. Matthews, Kentucky has an ordinance that prohibits loitering on private property. Kentucky’s statutes covering trespassing cover common situations for dumpster divers, but purely common law dumpster diving has not been addressed in Kentucky state law (see lists below). Trespassing – Mayfield, Kentucky Trespassing – Paducah, Kentucky Trespassing – St. Matthews, Kentucky Interfering with Mail – Commonwealth of Kentucky Statute § 513.075 Interfering with Mail – Mayfield, Kentucky
Although privacy interests are sometimes trumped by public interests, this is not always the case. Kentucky dumpster divers should be careful not to engage in any behavior that may interfere with business operations or violate a person’s reasonable expectation of privacy. A reasonable expectation of privacy is a concept that generally applies to personal belongings, restricted access property and restricted access areas. For example, individuals likely have a reasonable expectation of privacy in their private dumpsters, homes, offices and vehicles. A dumpster diver that illegally enters a dumpster to rummage through its contents could be prosecuted for second degree robbery under Kentucky Statutes § 513.040. If ordinary citizens were to drive across restricted access areas and rummage through private dumpsters, they could be prosecuted for trespassing. Under Kentucky Statute §446.070, a person can be liable for damages or a fine if he or she: "(1) … knowingly uses, … any other person’s property without right". Kentucky Statute § 513.060 makes it a crime to use or interfere with a person’s property with the intent to deprive the owner of the benefit of his or her property. Kentuckians and dumpster divers should be aware that violators of this statute could be held liable for damages and fines.
Risks and Liability
In addition to the potential for criminal trespass or harassment charges filed by a property owner, dumpster diving also poses a number of different legal risks. While dumpster diving is unlikely to expose you to personal liability in most situations, these situations depend on a few key factors. For example, you may be liable for damages if you:
– Take property you know belongs to another.
– Stay at the dumpster after you’ve been removed by the owner.
The most pressing risk you face as a dumpster diver in Kentucky is personal liability. If you injure yourself while dumpster diving or end up sick from consuming food or drink found in a dumpster, expenses related to these injuries won’t be covered by insurance. The individual or group who may have left the item in the dumpster is not responsible because you took the item from the dumpster willingly. In effect, you are "trespassing" when you engage in dumpster diving.
Taking the wrong item in error is also a liability, as is picking through someone else’s personal belongings. The best rule of thumb to follow is to make sure everything you take from a dumpster is public in nature, so you don’t have to worry about allegations of theft or harassment. Avoid using any identification, credit, and banking information you find in others’ discarded personal effects or garbage.
Moral and Environmental Considerations
Beyond the legalities of dumpster diving, there are significant ethical considerations and potential environmental impact of the act. From an environmental standpoint, dumpster diving, if done responsibly, can be viewed as a positive action. By recovering useable items from the waste stream, dumpster divers are contributing to the eventual reuse of those items. From an ethical perspective, the line is somewhat blurred. On the one hand , it can be argued that in the context of the current consumption-driven waste cycle that more people should be rifling through our trash to derive use from items that would otherwise go in a landfill. That is the intended positive result of recycling. On the other hand, some may view dumpster diving as an invasion of privacy or theft of property. Additionally, the refuse is usually contaminated with human waste, food scraps and animal excrement. So the question is: what is more ethical, rifling through garbage to glean some useful objects or trash diving as a way of redistributing food from the waste stream to hungry people?
How To Safely and Legally Dump Dive
Tips for Safe and Legal Dumpster Diving in Kentucky
If you’re going to dive into dumpsters for salvage, do it in a way that is polite and respectful of others.
Obey the Law. If a dumpster is on private property, you need permission before you look through it or scavenge.
Make sure you know which local laws apply. Besides those that regulate the public’s ability to search through trash, there may be other laws.
Violating trespassing laws could lead to a visit with law enforcement. If you’re there uninvited, make sure you leave when you’re asked. If you continue, you may be charged with breaking local laws.
Violating federal and state privacy laws by accessing documents that contain sensitive personal information of any kind would also be a problem. In Kentucky, while it’s not illegal to sort through someone’s trash that is lying out on the street, it may be illegal to remove documents from their trash without their permission.
For your safety, always wear gloves and carry a flashlight. Trash can harbor sharp objects, as well as poisonous insects and plants. If you’re new to dumpster diving, you may want to find someone who is more experienced than you are and accompany them.
It’s also necessary to show respect to local law enforcement officers by leaving when told to do so.
Not only is it a good idea to be polite to those who own the dumpster you are diving into, but it’s also a good idea to ask their permission to do so, if possible. If you find anything of financial value, be sure to share the wealth by offering to split the profits with them.
Where You Can Research Further
Here are some links to additional reading and resources that may help you as you navigate this complex legal and social issue. City of Louisville Code of Ordinances – Although Kentucky is a fairly lenient state with regards to dumpster diving, some cities, like Louisville, have codes in place to both outlaw and regulate certain aspects. It’s always a good idea to check your local ordinances before heading to an area’s dumpsters. KRS Chapter 433 – The Kentucky Revised Statutes govern criminal law throughout the state. Chapter 433 references burglary and trespassing in Section 433.235 , making it a handy starting point to research whether or not you could be arrested for entering gated yards or private property to access dumpsters before you dive into scrap bins or dumpsters labeled "No Trespassing." YouTube – Although not always a bellwether of factual accuracy, sometimes you can find videos explaining the history or current state of dumpster diving in Kentucky, like this news clip, for example. Supreme Court of United States Dept. of Game vs. Burger – An important case featured in the American Journal of Criminal Law. Although it doesn’t apply to Kentucky specifically, if the United States Supreme Court has sided with the belief that, in essence, it is unreasonable to expect any citizen to guard their trash in any way, then that may be enough support to build a case should police approach you regarding dumpster diving.
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