Is Dumpster Diving Legal in Ohio? Dumpster diving is the act of going through waste containers in search for valuable goods, and is subjected to a lot of laws and regulations which differ from one jurisdiction to another. In Ohio, legality of dumpster diving is determined by a combination of state statutes, local ordinances, and case law. This piece delves into these legal dimensions to offer a comprehensive overview.
Federal and State Law Overview
The primary federal legal basis for dumpster diving can be traced back to California v. Greenwood, 486 U.S. 35 (1988), from the Supreme Court. The Supreme Court opined that trash left in open areas awaiting collection does not form the basis of a legitimate expectation of privacy and, therefore, it is permissible to search trash without a warrant by law enforcement. This case-law reason may inherently indicate that dumpster diving does not violate federal law related to rights of privacy.
Ohio state law does not have its own standalone statute outlawing dumpster diving, but other general trespassing, theft, and littering laws likely apply. As an example, Ohio Revised Code (O.R.C.) § 2911.21 criminal trespassing is when someone knowingly enters or remains upon covered or/vendor premises without their consent. It is also relevant that O.R.C. § 2913.02 defines theft, and presumably would apply to when items are removed from a dumpster without the owner’s permission.
Local Ordinances
The rate of legality of dumpster diving in Ohio’s cities and towns is heavily influenced by local ordinances. These usually detail matters of waste disposal, property rights, and public health. Here are a few examples of cities in Ohio:
- Columbus: In Columbus, no local ordinance prohibitions exist in relation to dumpster diving. However, City Code Section 1303.01 regarding theft and Section 2307.04 on trespassing can apply if it relates to entering private property or taking items without permission.
- Cleveland: Some ordinances found in Cleveland might impact dumpster diving. Cleveland Codified Ordinances Section 551.111 generally restricts unauthorized people from removing items from refuse containers placed for collection; it establishes penalties for that.
- Cincinnati: Similar to Cleveland, Cincinnati has ordinances that limit entry to waste containers. According to Cincinnati Municipal Code Section 729-5, only authorized personnel or people with permission are allowed to touch waste containers. This aspect impacts the legal nature of dumpster diving.
Private Property Issues
Legality of dumpster diving also depends on whether the dumpster is on public or private property. Accessing a dumpster on private property without permission can also result in charges of trespass, pursuant to O.R.C. § 2911.21. Although local ordinances might not prohibit dumpster diving, entering fenced or otherwise obviously marked private property to retrieve items from a dumpster may be considered trespassing. Furthermore, removal from a dumpster may also constitute theft, especially if the property was not abandoned properly by its owner.
Public Health and Safety Ordinances
Public health and safety regulations are very significant in dumpster diving rules. For example, the Ohio Department of Health has laws that prohibit the collection of specific types of waste, most of which are food waste because it may be contaminated, thereby presenting a danger to food-borne illnesses. Breaking these health and safety law regulations can result in fines and other legal penalties.
Conclusion
The complexity of dumpster diving in Ohio is related to federal case law, state statutes, and local ordinances. Federal law does provide some protection. However, state laws and local ordinances greatly limit the free exercise of dumpster diving activities. Thus, if one is interested in diving, they will need to be aware of the specific laws and ordinances in a particular area and obtain permission on private property before things go sour.
For those who are unsure about the legality in their specific municipality, referring to a local will be able to clarify things and avoid potential legal repercussions.
