Is dumpster diving legal in California? See rules for finding treasures in trash
As the saying goes, one man’s trash is another man’s treasure.
That’s especially true when it comes to dumpster diving, an activity that involves searching through commercial dumpsters and garbage bins for unwanted food, clothing, furniture and other items.
The practice has become popular in California in recent years, with fans showing off hauls ranging from unopened cosmetics to new Los Angeles Lakers collectibles on YouTube.
Californians sent about 40 million pounds of trash to landfills in 2021, according to CalRecycle, the state’s recycling resources website.
“Is dumpster diving illegal in California?” Reddit user Cassofalltrades asked in a 2022 post, describing digging through dumpsters in their apartment complex in search of recyclables.
“I’m technically not ‘trespassing’ since I live here,” the Reddit user wrote. “I’m honestly terrified of doing this now.”
What are the rules for dumpster diving in California? What are the penalties if you do it wrong?
The Fresno Bee reached out to legal experts and local governments to find out the answers.
Is dumpster diving legal in California?
Dumpster diving in California is technically legal, attorney Susan Nerlinger wrote in a January article on LegalMatch.com
In 1988, the U.S. Supreme Court ruled in the case California v. Greenwood that searching through trash is legal as long as it does not conflict with any city, county or state ordinances.
The Fourth Amendment of the U.S. Constitution, which protects people from “unreasonable searches and seizures,” doesn’t apply for this case, according to Kansas law firm Roth Davies LLC.
That’s because garbage that’s left outside in a public area is considered to be in “public view” and accessible to anyone, the law firm explained.
In other words, law website Find Law explained, “If you put your trash can out on the curb, you cannot complain if someone looks through your garbage.”
Is dumpster diving considered trespassing?
If a dumpster is located on private property or if there’s clear signage prohibiting trespassing, diving into the trash can be considered illegal, according to Nerlinger.
Most commercial dumpsters, including those at grocery stores and apartment complexes, “sit on private property and are off-limits,” New York-based waste removal company Ultimate Dumpsters said on its website.
Would-be dumpster divers should also avoid areas where there is a “no trespassing” sign posted as well as locked dumpsters and those placed inside locked gates or enclosures, according to Sirix, a Canadian security company.
Dumpster diving on private property without getting the permission of the owner of the company or building is illegal, Find Law said.
“You could get a ticket or be arrested,” the law website said.
Can I keep what I find in the trash?
If trash is dumped in a public place without regulations prohibiting dumpster diving, it’s free for the taking, according to FindLaw.
However, you can’t legally keep what you find on private property.
Is it against the law to take recyclables?
According to California’s Public Resources Code, it’s illegal to take soda cans, cardboard boxes and other recyclables once they’ve been placed on the curb for collection.
“No person, other than the authorized recycling agent of the city or county, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum or other recyclable materials” that have been separated from trash and placed in a designated place for “residential curbside collection,” the code read.
”Taking recyclables or trash from trash or recycling containers at homes or businesses for personal use ... is called scavenging. ” the city of Mountain View said on its website, noting that scavenging is “considered theft and a misdemeanor violation” subject to citation or arrest under city code.
What are rules for scavenging in Sacramento? Fresno?
Rules for sifting through waste containers in search of free goodies vary by municipality.
In the city of Fresno, only city employees and waste collection workers are allowed to “remove material” once it has been placed in a garbage bin or recycling container at the curb or another “designated collection location”, according to municipal code.
The city of Clovis specifically prohibits people from sifting through your recycling bin “after it has been placed at the collection point by the customer or resident,” the Clovis Municipal Code said.
In Fresno County, scavenging is prohibited in the community of Fig Garden, according to municipal code.
The city of Modesto said it’s illegal for unauthorized people to “rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search a waste container” or its contents.
Scavenging is also prohibited in the city of Sacramento.
“No person shall open, look into, search through, or remove any of the contents from a container,” the city’s ordinance read.
Can I go to jail for breaking the rules? Pay fines?
“If you jump a fence, walk through a gate or in any way walk onto private property to dumpster dive, then you may be trespassing,” Find Law said.
According to the Goldstein Law Group in Los Angeles trespassing is considered a misdemeanor crime.
If you’re convicted, you could face up to 6 months in a county jail and a fine of up to $1,000, the law firm on its website.
Other potential crimes related to dumpster diving include tampering with locks, disorderly conduct, illegal dumping and littering, according to FindLaw.
In Fresno County, the penalty for scavenging is a $100 fine for the first offense, $200 for a second violation and $300 for a third violation.
In 2008, the Modesto City Council passed an ordinance that allows police to charge dumpster divers with a misdemeanor office, a $500 citation or both.
Anyone caught scavenging in Sacramento County must pay a penalty of $250.
I’m a dumpster diving newbie. What do I need to know?
Before you dive in, you should familiarize yourself with the legal limits of your area.
Here are some tips for how to dumpster dive safely and legally from Find Law and Chuck-It Dumpster Rental in Palmetto, Florida:
Check local laws for “garbage ordinances”
Avoid dumpsters behind fences or warnings against trespassing
Avoid using a cart
Stay out of recycling bins
Never dive alone. Bring along a friend or buddy.
Wear gloves to protect your hands from sharp objects.
Wear old clothes and shoes
Bring flashlights
Watch for sharp objects
Avoid food waste
Wash your hands
Be polite and cooperate if you are asked to leave
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