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trash--incoming and outgoing

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rigaton

Active Member
IN LA, CA, we put our trash cans in the street on Wed night for pickup BY a city truck on Thurs. 2 events invariably occur.

1. a guy and a lady drive up and down the block in a dilapidated pickup truck and rifle through my cans and everybody else's, purportedly to get recyclables. THE bins, as I said, are in the street, so are they fair game or are the foragers thieves who are committing a crime? I care nothing about the recyclables, as I have next to none, but I worry that these scavengers might find some doc, like a credit card bill or bank statement, and run with it; what is to stop them? NONE of my neighbors and I ever actually VERIFIED that the scroungers are taking cans, bottles, etc.

2. THE opposite situation occurs, odd as it may sound. A couple of my neighbors have the clandestine habit of walking up and down the block with bundles of trash that they toss in to whatever cans IN THE STREET have available space on trash night. THEY call it 'topping off.' I emphasize again that no harm is done, as I am not likely to walk outside after they do, which is usually at 10 p.m., to put anything into my barrels, and by 8 a.m. the next morning, the bins have been picked up and dumped by the city. IS throwing trash into somebody's semi-empty can in the street legal, assuming that they are not disposing of toxic waste? :rolleyes:
 
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Zigner

Senior Member, Non-Attorney
1: Not legal, but do you think the city/police are actually going to do anything? Buy a shredder for any important documents (and make sure to use it).
2: Likely not legal, but that's really a no-harm/no-foul situation.
 

quincy

Senior Member
Anything placed at the curb for trash pickup is no longer private property and can be taken by anyone. If, however, the guy and lady in the pickup truck make a mess of your garbage, you can report them to the police. That would be littering.

I agree with Zigner that using a paper shredder before disposing of important documents is a smart idea.
 

quincy

Senior Member
No so fast. The OP mentioned "bins" and "recycling." That makes it illegal in Los Angeles County. Additionally, many, if not most municipalities within the county have similar ordinances.

https://pw.lacounty.gov/general/faq/index.cfm?203=203&Action=getAnswers&FaqID=IyM9PzcK&Keywords=1
In Michigan, we have separate containers for different types of recyclables (e.g., glass, paper and cardboard) and then we have trash containers for everything else. Cans and bottles that have deposit fees are returned in person at deposit return sites. The pickups for recyclables are scheduled on different days from trash pickups.

I guess I read the original post as referring to trash containers. And I apparently ignored the state name. Haha.
 

Zigner

Senior Member, Non-Attorney
I honestly didn't put much energy into researching trash bins specifically, but scavengers don't limit themselves to the trash cans vs the recycling cans ;)
 

quincy

Senior Member
It’s a common sight around here to see pickup trucks going up and down the streets early in the morning on trash pickup days. It’s a great way for people to get rid of unwanted large furniture items and small appliances, and it’s an income for those who refurbish, repair and resell what they pick up.

I don’t see as many people rummaging through the actual garbage - but we use a shredder for documents so, as long as rummagers don’t make a mess, I don’t care. I wouldn’t be throwing stuff out if I cared about it.

Our problem tends to be mostly with raccoons raiding the garbage. They aren’t always tidy. :)
 

rigaton

Active Member
THANKS for all of the answers. The people who drive by to search for recyclables go through the BLACK trash bin, which is for household trash, on the off-chance that somebody put a can, bottle, or plastic item in it, or even something that is valuable to them such as an old end table, desk chair, set of crystal drinking glasses, and so on; they do not, or at least I have not seen them, take items from the BLUE recyclable can. THE black, blue, and green (GRASS) bins are supplied by LA city to homeowners and are picked up by LA city trash trucks.

I have HEARD a few people say over the years (AS quincy pointed out) that anything placed at the curb for trash pickup is no longer private property and can be taken by anyone, but I never read a statute to that effect. I am surprised, though, that topping off somebody's can might be considered to be illegal. I wonder what principle applies there. I certainly see it as a no harm/no foul (Zigner) situation too, but I always have 1/2 to 3/4 of a can to spare come trash day, so I am not affected/injured by the topping off; if I had a paucity of space or intended to top it off myself early on the morning of pickup day, then I would be quite annoyed at the nuisance, for lack of a better word.

THE LAPD are a joke. I have no intention of involving them (Zigner). I was merely curious about how to classify the actions of my neighbors--benign or illegal. Oh, maybe the city building & safety or the trash dept itself would get involved, if somebody filed a complaint against either the scavengers or 'dumpers,' but I (Or anybody who complained) would need extensive video evidence as proof, and these incidents occur well after dark, when such cameras usually do not take clear pictures from a distance, such as the front porch to the street.
 

quincy

Senior Member
THANKS for all of the answers. The people who drive by to search for recyclables go through the BLACK trash bin, which is for household trash, on the off-chance that somebody put a can, bottle, or plastic item in it, or even something that is valuable to them such as an old end table, desk chair, set of crystal drinking glasses, and so on; they do not, or at least I have not seen them, take items from the BLUE recyclable can. THE black, blue, and green (GRASS) bins are supplied by LA city to homeowners and are picked up by LA city trash trucks.

I have HEARD a few people say over the years (AS quincy pointed out) that anything placed at the curb for trash pickup is no longer private property and can be taken by anyone, but I never read a statute to that effect. I am surprised, though, that topping off somebody's can might be considered to be illegal. I wonder what principle applies there. I certainly see it as a no harm/no foul (Zigner) situation too, but I always have 1/2 to 3/4 of a can to spare come trash day, so I am not affected/injured by the topping off; if I had a paucity of space or intended to top it off myself early on the morning of pickup day, then I would be quite annoyed at the nuisance, for lack of a better word.

THE LAPD are a joke. I have not intention of involving them (Zigner). I was merely curious about how to classify the actions of my neighbors--benign or illegal. Oh, maybe the city building & safety or the trash dept itself would get involved, if somebody filed a complaint against either the scavengers or 'dumpers,' but I (Or anybody who complained) would need extensive video evidence as proof, and these incidents occur well after dark, when such cameras usually do not take clear pictures from a distance, such as the front porch to the street.
Topping off others’ cans could be a way for people to avoid paying for trash collection in areas that do not have citywide pickup (where cities typically charge the same monthly flat rate for everyone regardless of how much trash they generate) or to avoid paying extra in areas that charge by the bag/can.

But unless there is a nefarious reason for using others trash cans (perhaps to hide illegal activity), I can’t see how it would be illegal if the trash container is at the curb. If the trash receptacle is on private property, however, it is off limits and it would be illegal to deposit anything in it or remove anything from it.

There was a U.S. Supreme Court decision on this at one time. I can look for it if you are really interested.
 

rigaton

Active Member
NO, MR. quincy, I am not that curious and I hate to see you invest your time in it. So many of my friends and neighbors told me that they had 'heard/read' that trash cans in the street are fair game, that a decision of some type likely was issued by 1 court or another. I am a little surprised, though, that the US SUPREME court weighed in on the issue of trash. :oops:
 

quincy

Senior Member
NO, MR. quincy, I am not that curious and I hate to see you invest your time in it. So many of my friends and neighbors told me that they had 'heard/read' that trash cans in the street are fair game, that a decision of some type likely was issued by 1 court or another. I am a little surprised, though, that the US SUPREME court weighed in on the issue of trash. :oops:
Too late. I already found a link to the case. :)

California v. Greenwood, 486 US 35 (1988)
https://supreme.justia.com/cases/federal/us/486/35/
 

rigaton

Active Member
Too late. I already found a link to the case. :)

California v. Greenwood, 486 US 35 (1988)
https://supreme.justia.com/cases/federal/us/486/35/
THANKS for the link! the COURT ruled that 'society recognizes no reasonable privacy interest in sealed, opaque trash bags and no 4th amendment protection or expectation of protection exists.' We can therefore conclude that scavengers can go through my trash or anybody's at the curb with impunity. THE same logic probably applies to people who top off cans in the street.
 

quincy

Senior Member
THANKS for the link! the COURT ruled that 'society recognizes no reasonable privacy interest in sealed, opaque trash bags and no 4th amendment protection or expectation of protection exists.' We can therefore conclude that scavengers can go through my trash or anybody's at the curb with impunity. THE same logic probably applies to people who top off cans in the street.
You’re welcome, rigaton. I appreciate the thanks. :)

Because Zigner has pointed out an ordinance on recyclables in Los Angeles that has no twin in my area of Michigan, you should probably check to see if there are any other trash-related ordinances that might apply specifically to your area.
 

Zigner

Senior Member, Non-Attorney
Because Zigner has pointed out an ordinance on recyclables in Los Angeles that has no twin in my area of Michigan, you should probably check to see if there are any other trash-related ordinances that might apply specifically to your area.
To be clear - that's Los Angeles County, which is huge. Many municipalities within the Count also have ordinances addressing the matter.
 

quincy

Senior Member
To be clear - that's Los Angeles County, which is huge. Many municipalities within the Count also have ordinances addressing the matter.
Rigaton would be smart to check out other ordinances in the area then, if messing with the trash becomes a problem rigaton wishes to investigate further.
 

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