Outlook on Dumpster Diving in Oklahoma
The legal status of dumpster diving in Oklahoma is a nuanced topic given the variations in state and local laws, as well as evolving common law. The principle at stake remains the same throughout this deep dive: regardless of the level of protection the law affords you, be smart and respectful about your new hobby.
The Oklahoma Criminal Code defines most property crimes, beginning with an overarching statute on "Burglary and Other Property Crimes" by broadly explaining that a person is guilty of a crime if they "knowingly obtain or exert unauthorized control" over property that is not theirs. As simple as that sounds, the key to understanding the legality of dumpster diving in Oklahoma is ascertaining who holds the property rights when it comes to unsanctioned garbage collection. In general, Oklahoma law follows a well-established line of cases in which the Tennessee Supreme Court stated that "a dumpster in front of a business is akin to a trash can in front of one’s house. … Perhaps the only difference is that the trash in the dumpster is publically placed for a pick up [sic] service rather than left on the curb." (Reynolds v. State, 2006). In interpreting the word "publically," some courts have determined that waste discarded onto the street belongs to the public and is available for retrieval if it’s on or near a public space . However, even in these states, the most comments from local authorities, lawyers and judges suggest that if a dumpster is maintained by a private business, there is little if any expectation that the discarded contents are there for the taking. Other statutes provide more specific guidance to dumpster divers. For instance, City Code Section 17-82(b) lists the following as defenses to a panhandling charge: (b) It is a defense to prosecution under any of the following for a person to demonstrate to the satisfaction of the judge that: (1) He has a clear legal interest or right to the food, monetary donation or other item or the property or premises where the alleged conduct occurred; It is probable that a judge would defer to the City Code when interpreting what constitutes a defense for charges related to interference with property. A general search and seizure rule established for the Supreme Court case California v. Greenwood provides that a person has a reasonable expectation of privacy in their garbage only when it is inside their home before it’s collected, because that’s where a person could exert their right against illegal search, but nothing outside that. Similarly, the Oklahoma State Constitution grants Oklahomans the right against unreasonable search and seizure but generally not the right to control what other people do with their property or the physical space that touches their property. As of October 2019, there is a considerable amount of case law protecting dumpster divers in Oklahoma state courts.
Property and Trespassing Issues
In Oklahoma, private property rights are governed by common law and statutory laws. While Oklahoma law does not specifically define the term "trespass", it provides that "any person who intentionally enters or remains unlawfully upon a person’s land is guilty of a misdemeanor."
A person enters or remains on the property unlawfully when they do so without permission or after receiving an explicit notice to leave from the property owner or an authorized person or agency. Trespass and property claims may be complicated when the dumpster is placed near the curb or at the end of a driveway and contains materials no longer owned by the homeowner. A potential trespass issue may arise when a person approaches the dumpster and removes items without permission. If the person in control of the property has placed the dumpster upon the property, advised neighbors or passersby of its location, and removed it promptly, there is a stronger argument that an unauthorized person removing items from the dumpster may be guilty of trespassing upon the property or committing theft by unlawful taking.
Cities and Exceptions
Like the state rules, the county regulations for dumpster diving in Oklahoma also vary from one county to another. Again, the city regulations for dumpster diving in Oklahoma work to fill in any gaps that the county or state regulations leave.
That said, Oklahoma municipalities are no less serious in their dumpster diving regulations than the state or county regulations. For instance, the city of Fairview makes dumpster diving a crime. In accordance with the Fairview Code of Ordinances, which can be accessed via Municode to review the various dumpster diving laws in the state of Oklahoma, if a person digs through a trash receptacle or at a transfer station, they can be found guilty of a misdemeanor and face up to six months in jail, a fine of $500, or both.
Although the dumpster diving laws in Oklahoma are mostly created at the state, county and municipal level, some cities have enacted city ordinances that address this issue more thoroughly. For example, the city of Oklahoma City enacted Municipal Code Section 38-702, which deals with dumpster diving as well as scavenging. According to this city ordnance, both dumpster diving and scavenging are prohibited within city limits. If a person violates these ordinances, they can be charged with a misdemeanor. They can be fined an amount up to the maximum allowed by law or sentenced to jail for up to six months. On the first offense for either dumpster diving or scavenging, a person will only face a fine, but they can receive a fine and jail time for a second offense.
Potential Consequences of Caught Diving
The penalties for illegal dumpster diving on private property in Oklahoma can range from fines to criminal charges. Under the Oklahoma Statutes, 21 O.S. § 1793, any person who commits the offense of trash littering is guilty of a misdemeanor. The law states as follows: An person shall be guilty of trash littering for a first or second offense in violation of this section if such person intentionally places, deposits, throws or dumps any trash upon any public or private property without the permission of the the owner of the property on which such trash is placed, deposited, thrown or dumped…. Any person convicted of violating this section shall be punished by a fine of not more than two hundred dollars ($200.00). Moreover, a person convicted of violating this section may be sentenced to perform community service at an appropriate location so as to benefit the community in an amount up to forty hours. The potential penalties for dumpster diving vary by individual case. The potential fines can add up quickly. Beyond fines, a charge of trespassing may be added. Individuals will be prohibited from returning to that particular property. Some may face additional civil suits and other penalties.
Business and Personal Rights
In addition to the dumpster diving laws in Oklahoma, there are additional rights associated with dumpsters and waste containers by both individuals and businesses, and these rights can affect the dumpster diving laws. The most relevant right for dumpster diving is that business owners have the right to restrict or prohibit anyone from entitlement to the contents of its dumpster. Take the following rules and regulations into careful consideration, as violations of these regulations can lead to either civil or criminal charges. Civil liability means that the business can sue the person for damages. Criminal charges can result in a fine and/or jail time.
Business owners can place any signs they want on their commercial properties in Oklahoma. This extends to signs that prohibit people from taking what is inside the dumpster . Even if someone dumpster dives at an establishment and is not ticketed or arrested, it does not mean that they were allowed to take the contents of the dumpster. If the dumpster diver leaves the property before being discovered, the sign on the way out is likely to be sufficient to establish the prohibition.
Individuals have a right to privacy in their own trash, and going through it to retrieve documents that can identify them is considered an invasion of privacy. This means that you may be able to pursue legal action against a business that digs through your garbage and retrieves your identification. You may also be able to take legal action if someone else digs through your trash and retrieves information that can identify you, but they believe they are allowed to do it.
Diving Responsibly
Responsible dumpster diving requires an understanding of the risks that you can face if you inadvertently enter private or prohibited areas, or "trespass," while diving. When there are laws in place that protect personal information, or document disposal laws, property owners will be on heightened alert to deter potential dumpster divers from their property. Additionally, it is equally important to use good judgment and common sense to minimize legal risks that can arise while dumpster diving on private or public property. Here is a list of best practices that people should consider when dumpster diving: If you arrive at a property and you see a "No Trespassing" sign or a "No Trespassing: Private Property" sign, turn around and do not dumpster dive at that location. Even if the dumpsters are out front and visible to the public, it does not mean that it is in your best interest to dumpster dive there. Be aware of where you are dumpsters are located in relation to the street. If the dumpsters are off to the side or appear to be tucked away on private property, these locations are often used for garbage disposal when the business is closed and monitored by surveillance cameras. Therefore, when you are searching for dumpsters in a commercial area, stay close to the street to avoid entering private property or being caught on surveillance cameras. Avoid "dumpster diving" jobs boards or websites. These websites often encourage dumpster divers to trespass onto posted property or use rental properties and residences for dumpster diving purposes. This generates trespass problems and frequent conflict with law enforcement officers.
Environmental and Ethical Issues
Beyond the legal implications of dumpster diving in Oklahoma, there are environmental and ethical factors worth considering. Waste reduction and resource recovery are pressing social challenges that many people are working hard to address, making this a critical question to examine.
Environmental Impact
Too much waste is an acknowledged problem. Upwards of 300 million tons of trash clog landfills every year, with an additional 8 billion tons of e-waste accumulating around the globe, according to Waste360. Throwout culture is a huge obstacle to the country’s environmental efforts, resulting in child labor, air and water contamination, and individual overspending.
Ethical Concerns
For the dumpster diver, these concerns can be boiled down into three questions:
Answering the last question can be particularly challenging. Many businesses barely keep themselves afloat as it is, and so for them, a dumpster diver can feel like a threat. However, in some cases, the moral justification for despoiling their property might be clear . For example, grocery stores that stock load up their expired but highly-perishable food items every week, making them available to local food banks — not private citizens — who can distribute them to people who truly need it.
In other cases, however, a differently reasoning person could arrive at a different conclusion. For instance, it may simply be cheaper and more convenient to dispose of merchandise than to try to deal with customers returning it. Such businesses may simply throw out perfectly good items instead of having their employees inventory returned products.
The legality of dumpster diving in the state of Oklahoma will depend on your specific circumstances. To qualify as a lawful dumpster dive, you’ll have to obtain permission from the property owner or occupy abandoned property and meet the criteria for acquisition of abandoned property under Oklahoma law. Humans have used trash for thousands of years for a variety of purposes, but whether your use accords with Oklahoma law will depend on the following three factors: