Dumpster Diving Explained
In general terms, dumpster diving is the act of sifting through commercial or residential waste to retrieve valuable or usable items that others have discarded as refuse. It involves searching for reusable materials such as discarded food, containers, clothing, scrap metal, or other items of value.
While this may seem similar to scavenging for treasure, it has its roots in legitimate environmental and social causes aimed at reducing waste and its impact on the planet. Environmentalists have promoted recycling and the reuse of items in the waste stream for decades. In the same context, some individuals view dumpster diving as a way to help the underprivileged by providing them with access to food, clothing, and goods that would otherwise go to waste. Others see it as an opportunity to acquire perfectly good items that would otherwise end up in landfills.
For many, this type of behavior is more than a quest for scrap metal or clothes – it is linked with a lifestyle choice and a way to raise awareness about social issues and the impacts of wasteful spending. For the uninitiated, the risk and danger of dumpster diving, which includes anything from tetanus and sharp objects to hazardous chemicals and bodily fluids, outweigh any potential reward. As it is, it is a relatively high-risk activity with often unlawful yet ambiguous boundaries.
The legality of dumpster diving lies within its ability to be categorized as trespassing, or as a property crime. In some states, such as Louisiana, the act of dumpster diving is treated as an offense against property under state law . There are a number of laws that govern both public and private property rights that, while unclear, prohibit dumpster diving. This is not the case across the board, as there are a fair number of states whose laws allow someone to dumpster dive legally as long as he or she stays out of "non-public" areas or areas where property rights have been explicitly posted. Essentially, dumpster diving in Louisiana creates a strange intersection of state theft, littering, vandalism, and burglary laws.
Being that Louisiana has a resident and tourist population of approximately five million, each year it would not be surprising if over a half a million people found themselves in dumpster diving situations within the state when attending events and festivals throughout each year. While there may be various reasons to be at the bottom of a dumpster, the most common are tourism and recreation. For tourists, dumpster diving usually has to do with seeking out treasures in the hopes of acquiring something unique and memorable from their time in Louisiana. For recreation, locals tend to be drawn into dumpster diving when they truly need money and are in a situation where looking for scrap metal seems their best option, or they simply enjoy the idea of dumpster diving.
Whether anyone agrees with dumpster diving or not, it is a popular pastime. Like most activities, its legality is debatable and its safety may be questionable. But there is no doubt that it is an act rooted in our culture. While dumpster diving is often categorized as an act of desperation or even criminal behavior, its reasons tend to cover the gamut of humanity – selfishness, altruism, innovation, desperation, and rebellion.
The Lawfulness of Dumpster Diving in Louisiana
Louisiana does not have any dumpster diving laws but local municipalities do. Most dumpster diving laws are similar and often follow the "How to" guide provided by the National Solid Wastes Management Association. A Louisiana Supreme Court case did address dumpster diving. In State v. Miranda, the Louisiana Supreme Court held that diving into commercial dumpsters does not constitute a search subject to Fourth Amendment protection. The court stated that, for the dumpster diver, the dumpster is indistinguishable from a vacant lot and therefore diving into it does not constitute a search under the Fourth Amendment.
However, Louisiana has state laws prohibiting the removal of certain items from the trash, such as Louisiana Revised Statute 30:2366, which prohibits "persons diverting waste for profit", and Louisiana Revised Statute 51:1475, which prohibits "purchasing certain property from a junk yard". Both statutes give law enforcement the right to arrest violators.
Even if the person dumpster diving is not violating the law, the crime prevention unit of the New Orleans Police Department warns that diver risk being arrested for criminal trespassing or the police might issue a violation. Sometimes police will just ask a diver to leave.
In Louisiana, the New Orleans Police Department is charged with trash policing. New Orleans Municipal Ordinance 54-101 states that "No person shall place, deposit, drop, throw or discard any of the following in any garbage can, trash can or other receptacle authorized or designated for the collection of garbage or trash: clothing, shoes, bedding, bed linens, tarpaulins, awnings, canopies, shutters, drapes, blinds or other window coverings, rags, bags, towels, towels or other cloths, carpet strips, rugs, carpets, rugs, mats, matting, padding, blankets or other textiles (and) upholstered furniture with carved or padded surfaces."
New Orleans Municipal Ordinance 54-405 states "It is unlawful for any person to willfully remove trash or rubbish placed in any receptacle for deposit and collection by the department without the consent of the owner thereof." The city’s Department of Sanitation coordinates and manages the city’s trash services for citizens, business and commercial customers.
Trespassing and Dumpster Diving
Trespassing Laws and Dumpster Diving in Louisiana
Like with most laws, Louisiana has specific trespassing statutes that set forth what is and is not permitted on another’s land. While these may not expressly address dumpster diving, they do serve as a general guideline on the legality of accessing a private property dumpster, whether for personal use or scrap metal collection.
Louisiana law recognizes both civil and criminal trespassing. Civil trespass involves entering someone else’s private property for a reason, such as trash removal. In general, this type of trespass results in civil liability only and does not constitute a felony or misdemeanor. The penalty for civil trespass can also be a fine or restitution to return or repair any property that was damaged. Importantly, however, the penalty for criminal trespass is a misdemeanor and thus may be punished with up to six months of jail time or up to a $500 fine (or some combination thereof), plus any restitution that is ordered.
Trespassing laws are important if you are considering taking something from a dumpster that is on someone else’s property, as you could be found culpable for theft and/or civil trespass. The safest way to ensure that you do not violate criminal trespass laws when dumpster diving is to obtain permission when you see a dumpster on private property. Even if the property is vacant, not all states subscribe to the "finders keepers" rule.
Littering and Waste Disposal Laws
Disposal of waste is regulated on both the state and local level. In Louisiana, the Office of Waste Permits oversees the collection of waste via the waste disposal permit program. This program requires entities to acquire a permit before collecting solid or liquid waste. This is another way the state prevents people from rummaging through waste and garbage to find items that can be reused or recycled.
Rather than trying to prevent people from rummaging through their garbage, many waste disposal companies actually hire companies that are specifically designed for that purpose, located in Louisiana . These companies send people out to collect recyclable materials from trash within the waste collection area, which is not always very easy to get into, though it is not impossible.
The collection area is also regulated by the state, as well as some localities. While dumpster diving may not be expressly forbidden, trying to gain access to areas where dumpsters and waste are held can be dangerous. Without permission, property and trespassing laws can come into play and make things go from dumpster diving to dumpsterdive-trespassing.
Social and Ethical Concerns
The practice of dumpster diving is often clouded by questions of ethics and community impact. Some see this pursuit as nothing more than an infringement on private property and a potential gateway to more serious infractions. However, many Louisiana communities have taken measures to encourage responsible dumpster diving or to recycle acceptable items found in dumpsters. Concerns regarding the legality of dumpster diving are often an extension of concerns regarding trespassing or littering. However, few studies show that tulare raiders are associated with an increase in trespassing or littering. In fact, the state of Florida requires that all recycling facilities provide a receipt to the county every six months that provides a list of materials dropped off at the facility. In 2009, Tallahassee sent 314 tons of electronic waste to recyclers instead of landfills. As the state enters another legislative session, the policymakers may bring up new initiatives to consider. Ultimately, it is clear that these concerns are unfounded. Although some dumpster divers may not be the most conscious of people, many have the best interests of communities at heart.
Safety Precautions for Dumpster Diving
While dumpster diving is legal in most regions of Louisiana, several health and safety concerns should be addressed. Depending on the location of an individual’s house or apartment and the nature of the waste that might be found in local dumpsters, a dumpster diving expedition could potentially threaten a person’s health or even their life. The following are some tips that a person can take to help themselves stay healthy and safe during dumpster diving expeditions: Hygiene: Wherever possible, be sure to wear gloves and a mask whenever handling anything that you find in a dumpster. Sanitize your hands thoroughly after diving in a dumpster, before eating or touching your face. If possible, bring along a canister of disinfectant spray so that you can sanitize your hands and the exterior of any food containers to eliminate bacteria, viruses, and other infections before you use them. First Aid: Keep a well-stocked first aid kit on hand at all times, even though you may not always use it for dumpster diving . Make certain that your first aid kit includes antiseptic wipes, cotton balls, band-aids, antiseptic creams, medical tape or gauze, and other necessities. Familiarize yourself with the proper use of each item so that you get the greatest use out of your first aid toolkit. Personal Security: Whenever possible, go dumpster diving with a friend or family member. Not only can this keep you safe in the event of an attack or emergency, it will allow your loved one to pick up the slack if you’re feeling a little under the weather. Avoid bringing children on dumpster diving outings as their safety becomes your responsibility in that case. Stay Legal: Always observe the posted laws, rules, and regulations of the nearest government authority and avoid staying in any dumpster longer than is absolutely necessary. Be sure to clear away all junk and trash after your trip, and if you are in a public place be sure to leave that location in pristine order. Respect your surroundings and the law, and you can expect to be able to continue diving for years to come.