What Is Dumpster Diving?
At its most fundamental level, dumpster diving is the act of searching through refuse and trash containers in order to look for discarded household, commercial, or industrial items. Though it not a new phenomenon, dumpster diving has gained notoriety over recent years as a popular and growing social trend. Grocery stores, retail clothing stores, and restaurants have been the most common targets for dumpster diving.
Though the social reasons why people engage in dumpster diving may vary, the most common reasons are economic. In a 2001 study conducted by UC Berkeley, it was found that 1/3 of all Americans admitted to going dumpster diving at least once. The same study found that 68% of those who engage in dumpster diving have "lower-incomes." Further , a 2008 study conducted by the St. John’s Food Bank found that 1/2 of the 1,000 families surveyed reported that they utilized food recovered from grocery store dumpsters.
There are three main types of dumpster divers: Recyclist, Food Reclaimers, and Scavengers. Recyclists are often environmentalists who object to the wasteful disposal of seemingly usable items, such as old newspapers, clothes, shoes, etc. Food reclaimers are those who forage for food that is still edible and safe to eat, but who object to the economic waste of throwing out large quantities of food items that are still healthy and wholesome. Finally, scavengers rely on dumpster diving as a primary food source. These scavengers range from stay at home moms to homeless persons, but all share the common bond of economic hardship.
Laws in Colorado
Before we address how U.S. courts have handled dumpster diving cases, let’s look at how the law applies in Colorado. At the state level, Colorado statute 18-4-122 defines dumpster diving as a third degree burglary. However, if any illegal conduct occurs—anything from trespassing to theft—or if the dumpster is on private property or has a lock on it or even has a sign reading "No Dumping"—then the Colorado Statutes define dumpster diving as a first degree trespasses.
At the local or municipal level, some ordinances follow a similar path to state statutes while others make no distinction between whether the action is taking place on public or private land. Applicable municipal law depends on where you are in Colorado. In Fort Collins, dumpster diving is a first degree trespass whether it happens on public or private property. In Pueblo, dumpster diving is a petty offense, although that violation turns to a first degree petty offense if any of various illegal conduct occurs, the dumpster is comprised of prohibitive items, or if the action takes place on public property and fails to comply with the applicable section of the city’s Code of Ordinances.
Although courts have heard a wide variety of dumpster diving cases, they have recognized a distinction primarily between whether a dumpster is placed in an area open to the public, whether it is locked, and whether it sits on public or private property. The U.S. Court of Appeals for the Tenth Circuit, which handles cases in Colorado, has never heard a dumpster diving case; but if such a case were to be heard, it likely would be handed over to a district court. In such a case, if the dumpster in question was placed in a place that a reasonable person would consider open to the public domain, then judges probably would find the action justified, although they might add a caveat that no illegal conduct took place. When the offense was committed against a dumpster located in an area not considered open to the public, judges generally have ruled the action violated the no-trespassing statute.
Ramifications
Dumpster diving is not illegal in Colorado, but culprits can still be hit with a raft of potential charges and penalties that would acts as a disincentive to dumpster diving locally. For example, in the state, by entering another person’s property without their permission, dumpster divers could be charged with criminal trespassing.
Theoretically, a dumpster diver could be charged with trespassing even if he or she snuck into the parking lot of an apartment complex and removed items from a dumpster located on that company’s property. The Criminal Trespass and Privacy Protection Act of 1971 (which also includes the duty to make payment for goods and services) outlaws criminal trespass, making it the responsibility of all renters and home purchasers to keep unauthorized persons off of their property.
There are two degrees of trespass in Colorado, and both could apply to dumpster divers who hop over fences or impact other property to access a dumpster. The only exception to trespassing laws is if an individual is dumpster diving on a government property. For that, an individual would simply have to show that he or she had no other way of finding that "buried treasure" and did not intend to remain on the property for an extended period of time.
When you trespass on a person’s property, your behavior can be classified as either a petty offense or a class 2 misdemeanor or class 1 misdemeanor (depending on the value of the items being thrown away). If an individual is charged with a petty offense, that means that he or she might be required to pay a ticket and/or perform community service.
A Class 2 misdemeanor is classified as a criminal offense that could lead to jail time and/or fines. If found guilty of a Class 2 misdemeanor, a dumpster diver could be punished by imprisonment of up to 120 days in prison or a fine of up to $750, or both. If someone is convicted of a Class 1 misdemeanor, he or she could be sentenced up to 1 year in prison and/or fined up to $5,000.
In addition to trespassing, the minimum cost to mandatorily register a dumpster in Denver, Colorado is $15.00. In addition, an individual will be required to pay an annual permit fee of $50.00.
If someone is writing or painting on the dumpster, the city will charge its standard graffiti removal and property maintenance costs. If an individual’s actions are deemed "good-natured" (on accident), the city will charge a $300 monthly fee. For example, is someone’s dog chewed a hole in the wall of the dumpster or the dumpster began to deteriorate, the city would view that as good-natured behavior.
In addition to the above fees, dumpster divers can be fined $500.00 per day.
Human and Health Considerations
While dumpster diving in Colorado is not illegal, some people may have ethical issues with going through trash that was not theirs. Concerns of disrespecting those belongings or taking valuables from others’ waste can deter even the most committed dumpster divers. People who dumpster dive should only dig through trash if they are truly in need of something and have no other way to obtain it. Individuals who dumpster dive looking for valuable items to sell or for "treasure hunting" should also be aware of the legalities regarding the "finders keepers" rule and how it applies to items that were in a trash dumpster versus objects that are found along a street or on the ground. Health risks and safety concerns are two more important factors for dumpster divers to consider. While recyclables and some types of food may be thrown out that are still perfectly fine for consumption , the vast majority will be spoiled or otherwise dangerous to consume. Recyclables take time to sort through and identify all of the different components of a material for recycling, and some people are concerned about hygiene while sorting through someone else’s waste or being in the same environment as rodents, insects, and bacteria. When it comes to safety, dumpster divers should certainly be cautious of sharp items such as glass and metal pieces that may cut or become embedded in one’s skin, and it is best to wear gloves while handling any type of refuse. Additionally, abrasive items can be rough on hands, arms, and legs, so some dumpster divers choose to wear protective clothing and boots for that reason.
Best Practices for Dumpster Diving
When dumpster diving, there are a few simple tips and tricks to keep in mind to ensure the activity remains a safe and legal pursuit. If done correctly, dumpster diving may be a great way to find some lost treasures or collect useful household items at no cost. When you dumpster dive, it is important to respect the property where the dumpster is located and to comply with applicable laws.
If you dumpster dive in Colorado, you should follow these steps: When dumpster diving does not occur on the private property of another, it typically does not constitute a crime. That said, you should remain respectful of other people’s property. A good rule to follow while dumpster diving is that you should leave a place the way you found it (or better). Also, when dumpster diving, you should wear gloves at all times to lessen your risk of injury and to ensure the cleanliness of the items you collect. Additionally, try not to move or knock over other items in the dumpster to avoid spilling or destroying the property of others.
It is also important that you follow any applicable laws when dumpster diving in Colorado. For instance, you should not take items from a dumpster that is property of the government, school districts, or churches, as they are generally prohibited from losing or discarding property. Additionally, you should not take items from a dumpster if a local law prohibits you from doing so. For instance, sections 8.32.090 and 8.32.100 of the Denver Revised Municipal Code provide that it is a crime to take certain items from a commercial solid waste dumpster within the city of Denver.
Get More Information
For more information on the legality of dumpster diving in Colorado, readers can visit:
The Colorado State Legislature website at www.leg.state.co.us.
The Denver Police Department website at www.denvergov.org.
The Colorado Coalition for the Homeless, a division of which engages in outreach activities, including dumpster diving, as a means of raising awareness about the issues of homelessness in our community. Visit their website at www.coloradocoalition.org for more information.
The Waste Diversion Coalition , a group of companies and industries dedicated to helping businesses and communities reduce waste by manufacturing and purchasing reprocessed materials. Information at www.ciwmb.ca.gov.
The Recycling Coalition of Colorado, a non-profit organization dedicated to increasing the recycling of municipal solid waste, which can provide a good starting point for people searching for recycling centers and drop-off points. Visit their website at www.recyclingcolorado.org.