Generally, dumpster diving is legal in California, but local ordinances and property laws can vary by city. The 1988 Supreme Court case California v. Greenwood established that once trash is placed in a public space, it is free for anyone to take.
Legality
- Public Property Dumpster diving is generally legal on public property as long as there are no prohibitive signs, and the dumpsters aren’t locked. Some cities may have restrictions on dumpster diving hours, locations, or container types, so it’s essential to check local ordinances to ensure compliance.
- Private Property Dumpster diving on private property, such as a business parking lot or residential area, is considered trespassing if done without permission. California Penal Code 602 confirms that entering someone’s private property is trespassing. Trespassing charges can range from a $1,000 fine to up to six months in county jail, or both.
- Commercial Property The legality of dumpster diving on commercial property can vary, with some businesses requiring permission or restricting access.
When Dumpster Diving is Illegal
- If there is a “No Trespassing” sign.
- If the dumpster is locked or placed inside a locked gate or enclosure. Forcing entry into a locked dumpster is considered vandalism or theft.
Examples of City Laws
- Los Angeles Legal in back alleys of small businesses but illegal in major department stores like Macy’s and prohibited everywhere from 10 p.m. to 6 a.m.
- San Francisco Legal in residential areas but illegal in high-security tech campuses like Google.
- Fremont Legal in residential areas but illegal in shopping centers like Pacific Commons.
Cities with larger populations and wealth disparities, such as Los Angeles and San Francisco, tend to have more valuable or diverse finds, especially in affluent neighborhoods. Cities like Berkeley and San Francisco are generally more accepting of dumpster diving due to their progressive and eco-conscious cultures.
Sources:
- https://sirixmonitoring.com/blog/is-dumpster-diving-legal-in-california/
- https://www.legalreach.com/blog/is-dumpster-diving-illegal-you-might-be-surprised
- https://bizarrehobby.org/dumpster-diving-in-california/
- https://nearu.pro/lawyers/is-dumpster-diving-illegal
