The Basics of North Carolina Dumpster Diving Law
The legal status of dumpster diving in North Carolina varies by municipality. As laid out in our North Carolina Laws Against Dumpster Diving, in addition to state-level criminal statutes, familiarize yourself with local ordinances that may apply. For example, Raleigh criminalizes tampering with waste containers as a Class 2 Misdemeanor under its Solid Waste Ordinance and prohibits "the unauthorized removal of refuse" under its Litter Control and Collector Services Ordinance. Charlotte has similar law. In Charlotte, a person is guilty of littering if he or she "collects and transports . . . any refuse for the purpose of disposal without the express consent of the legal owner; provided however that this prohibition shall not apply to private property owners to the extent that they remove refuse from their own property." (Charlotte Code of Ordinances § 19-91(i)). A person must also obtain a license before "collect[ing] and transport[ing] solid waste for any commercial purposes." (Charlotte Code of Ordinances §§ 19-92(c) , (e)). While dumpster diving is often viewed as entering or trespassing unlawfully on private property, the dumpster diver is often not what it seems; dumpster divers usually collect otherwise discarded items from outside of the waste container. In North Carolina, a court will find that "there is no private expectation of privacy in refuse left in a publicly accessible location for collection by a garbage service." State v. McRae, 310 N.C. 220, 226-27 (1984). Given that most businesses, hospitals and apartments in North Carolina use commercial waste disposal services, it is strange that most, if not all, cities and towns have ordinances that criminalize removing items from their waste containers.
Court Decisions Regarding Dumpster Diving
In some North Carolina Superior Court cases, the issue of dumpster diving has been brought up as a defense when a charge of littering has been brought against the defendant. In 2014, a defendant was charged with single use larceny after stealing tires from a dumpster of discarded property. The court denied the defendant’s request for dismissal of the case and cited the fact that the property had not been abandoned, as the property could have been located and sold. In 2002, a man was charged with two counts of littering of property and possession of stolen property by dumpster diving. The Court of Appeals held that since the defendant went dumpster diving without permission, he was not allowed to take the items from the dumpster. Similar to the aforementioned case, Commissioner of the North Carolina Department of Labor v. Almond, 146 N.C. App. 228 (2001), held that the representative of a dumpster company, who stated that the trash inside the dumpster was an illegal dump, could constitute permission.
Variances to the NC Rules on Dumpster Diving
While dumpster diving in North Carolina is generally permissible due to the unwritten state law of implied consent, individual cities within North Carolina may vary in their ordinance authorizing the practice. For example, Charlotte, listed under North Carolina’s City Code as Chapter 17-71 Section 11 – Trespass "Legally Positioned" Waste Containers, states that "No person shall remove any items from or who shall deposit any items into a waste container without first obtaining an advance written permit from the director of maintenance or his designee." If the diver fails to obtain this permit from Cousins, then they may be subject to a fine of up to $100 per violation. In addition, the diver may be criminally charged for trespassing on private property, or theft if they enter a dumpster and steal from within.
In Wilmington, North Carolina, there is a dumpster diving section for littering and illegal dumping under Chapter 30 Sec 7 – Removal of Abandoned or Junk Items (a) "no person shall place, store or deposit within the city any abandoned items or junk on any public or private property within the jurisdiction of the city." Wilmington goes on to differentiate that "nothing in this section shall prohibit the deposit of discarded items in properly authorized receptacles, the use of commercial collection services, or the regular collection of residential items at designated periods and locations." However, without express mention of dumpster diving, the language of the Wilmington Teller is arguably unclear about the status of implied consent for dumpster divers.
The city code of Durham, North Carolina, under Chapter 70 Section 17 – Litter and Illegal Dumps, states that "No person shall deposit, spill, sprinkle, release, throw, paint, impart, pour, spread, distribute or cause to be deposited, spilled, sprinkled, released, thrown, painted, imparted, poured, spread, distributed or caused to be deposited, spilled, sprinkled, released, thrown, painted, imparted, poured, spread, distributed, or caused to be deposited upon any public or private property within the city limits, any of the following junk or abandoned items." The code goes onto define the following as "junk or abandoned items" in which littering and illegal dumping are prohibited in Durham: "couches, mattresses, TV stands, storage cabinets, bed frames, chairs, wicker chairs, end tables, tables, dining tables, dining room sets, sleigh beds, book shelves, entertainment centers, bicycles, trunk boxes, paintings, picture frames, paintings with or without glass, carpeting, television sets, VCRs, video cassette recorders, stereo systems, speakers, CD players, DVD players, DVD players with integrated television, CD/DVD players, cable converter boxes, computers, keyboards, computer accessories, printers, laptops, monitors, copiers, fax machines, scanners, medical test machines, lab equipment, toolboxes, tools, tool sets, telephones, fax machines, modems, fans, exercise equipment, baskets, radios, lawn mowers, gas cans, Deep-Fryers, toolboxes, ladders, lawn furniture, wrought iron tables, wrought iron chairs, wrought iron benches, wrought iron benches with cushions, swing sets, children’s jungle gyms, swings, basketball goals, lawn ornaments, planters, garden decorations, garden ponds, fountains, flag poles, flag pole bases, boats, jet skiis, canoes, rafts, kayaks, wind surfing boards, surf boards, wind surfing board sails, sail boats, sail boat sails, canopies, saddles, saddles/bridles and other horse equipment, farm equipment, non-working farm equipment, tractor trailers, semi-trailers, cargo trailers, non-pickup trucks, buses, limos, vans, or similar vehicles, coffers, non-working coffin casket, coffin casket with or without a body or skeletal remains, coffin casket containing only a body, coffin casket containing only a skeletal remains." Since these are very specific items, it is unclear whether the act of dumpster diving is permitted in Durham.
Although Charlotte, Wilmington, and Durham have variations of sections covering the topic of dumpster diving, the aspects and regulations placed on dumpster divers are not universal to all cities within North Carolina.
The Dangers and Consequences of Dumpster Diving
While the chances of being cited for trespassing, criminal littering, or other charges like theft are extremely remote, the risk of accidental injury from handling broken or "sharp" objects, or broken glass or unpredictable animals in your local dumpster still makes dumpster diving a fairly dangerous pursuit. In addition to being legally permitted to go through the trash, there are certainly many safety hazards in some dumpsters, but the most dangerous hazards to the general public in North Carolina are drug paraphernalia (usually needles), bodily fluids (such as feces, urine, vomit, or blood) and human remains, all of which are not commonly found in dumpsters, but sometimes do end up there; furthermore, drug paraphernalia is almost exclusively found in publicly accessible dumpsters rather than those accessible only through back entrances and locks to prevent trespassers . Unsurprisingly, the group with the highest dumpster diving accident rate is children, particularly those younger than ten, due to their natural curiosity and unaware tendencies; as a result, another potential legal liability for the property owner for "attractive nuisances" may become an issue. Even though some dumpster divers are materially poor enough to be exempt from charges which may otherwise apply, such as shoplifting (which elsewhere bears the potential for automatic felony charges in many states), dumpster divers do not have any further license than the general public does, and onlookers can expect the same legal barriers in their way of any violent altercations or other efforts to forcibly remove the dumpster diver from the garbage container.
How to Legally Dump Dive in North Carolina
The best way to legal dumpster dive in North Carolina is to always ask before you hop in the garbage can for cans, bottles or electronics. In other words, talk to someone who works there — preferably the store manager. If they know you’re interested in any usable or recyclable items, they may even give you a heads up when new items have been added to the dumpster, or are about to be thrown out. This saves you time, and the store money by not having to call someone to take them.
Another safe bet is whenever possible, to dive in areas that are not private property. However, this isn’t always possible, given the range of businesses that may discard useful items. Whenever you are dumpster diving however, you must ensure that the area is not private property. If it’s private property, you could be asked to leave, or even charged with trespassing. Countless people have been charged with trespassing and spent time in jail or prison for just dumpster diving on private property.
If you are considering dumpster diving in North Carolina, you should get up-to-date information about the laws surrounding the practice from your local authorities. Unfortunately, many police officers today do not fully understand modern dumpster diving laws, and often cite old laws that are no longer in effect. As such, you may be told that you cannot dumpster dive, but dumpster diving is illegal. Be polite, but be prepared. We recommend bringing a print-out of some up-to-date North Carolina dumpster diving laws from Dumpster Dive for Cans (DDFC) to show to the officers. Present it calmly, and politely ask if they’d like a copy.
If you are found on private property, you should be fine as long as you park your car on a public road, and only enter privately-owned grass, sidewalk, and driveways to look in garbage bins. The best dumpster diving occurs at night, since this greatly reduces the likelihood of being cited by a police officer, but it is still important to understand your rights.
Community Effects and Ethics of Dumpster Diving
While dumpster diving may seem like a noble pursuit, it is crucial to consider the impact this practice can have on the community. In trying to balance reducing waste and repurposing goods with upholding the law, individuals should also be mindful of the potential negative implications for their surroundings. For example, some dumpster divers have been known to cause a disruption to business operations while rummaging through containers. This can create a hostile environment that deters others from patronizing that establishment. Such behavior could also result in a negative perception of the location within the community or town. Furthermore, careless handling of perishable goods or personal items can lead to sanitation problems and possibly open the door for littering. It makes no difference if you aren’t the one who threw it there, removing a Manhattan sized bag of trash can be construed as littering , especially in a public area. Across the U.S., many businesses have become fed up with freegan dumpster diving. A few U.S. states have recently enacted anti-dumping laws specifically aimed at minimizing the invasion of private property by dumpster divers. The issue of whether dumpster divers are bad neighbors has divided communities before. For instance, in 2010, an Illinois couple was forced to pay a Chicago grocery store to cover the cleanup after they emptied bags of produce found in their dumpster dive in front of the store. The incident incensed the local community and led to online petitions and angry letters from community members and other grocers. Although dumpster divers may believe that they are providing a public service by repurposing goods that would otherwise go to waste, along with aiding the less fortunate who need basic everyday items, they should be aware that this practice might not be appreciated or welcomed by all.
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