Is dumpster diving legal?
Answer
Dumpster diving is the practice of pulling items from garbage cans and dumpsters. The retrieved items can range from furniture, food, or credit card and banking statements used in identify theft. Trespassing laws may apply if the garbage dumpster is on private property.
Findlaw has a helpful essay on dumpster diving. The link to the essay is below.
Municipal laws should be researched under sanitation codes for possible prohibition of scavenging recyclables. Local laws may prohibit retrieving items from dumpsters and garbage cans. Local laws may be posted on the municipalities' websites or through the websites of municipal code publishers.
Links & Files
- American Legal Publishing Code Library Opens in new window
- Findlaw -- Dumpster Diving Opens in new window
- General Code Publishing -- Code Library Opens in new window
- Municode Library Opens in new window
- New York City Code and Regulations Opens in new window
- New York Penal Law 140.10 Criminal trespass in the third degree Opens in new window
- New York Penal Law 165.45 Criminal possession of solen property in the fourth degree Opens in new window