In North Dakota, dumpster diving is not explicitly prohibited by state law, but local ordinances and regulations regarding trespassing and access to private property can impose restrictions.
General Legality:
- North Dakota does not have a statewide law against dumpster diving.
- Many North Dakota communities permit dumpster diving on public land.
- A Supreme Court case, California v. Greenwood, established that individuals and businesses relinquish ownership of waste in public dumpsters. This means that searching trash is legal.
Restrictions and Potential Violations:
- Private Property: Taking trash from a private residence in North Dakota could lead to charges for theft or trespassing. Businesses can prohibit individuals from diving on their property, especially if “No Trespassing” signs are posted.
- City Ordinances: Some cities in North Dakota have specific ordinances that prohibit dumpster diving. For example, Bismarck prohibits sorting through or removing items from solid waste containers without authorization, with fines up to $1,500. Fargo also prohibits rummaging through dumpsters on public or private property, and violators may face misdemeanor charges.
- Trespassing: It is illegal to trespass on private property to access a dumpster, even if dumpster diving is not banned in that area.
- Potential Charges: Trespassing charges, disorderly behavior, illegal dumping, and littering are potential fines.
- Locked or Fenced Dumpsters: Diving into locked or fenced-in dumpsters can lead to trespassing charges.
Best Practices for Dumpster Diving:
- Research local ordinances before diving.
- Adhere to all posted signage.
- Avoid unsafe situations.
- Leave dumpsters tidy.
- Avoid trash diving near fences or gates on private land.
Additional Considerations:
- Dumpster diving at night is generally acceptable, but searching residential properties late at night may cause police to be dispatched.
- Businesses may face lawsuits if a dumpster diver is injured or becomes ill from discarded items.
- Be polite and cooperate with law enforcement if asked to leave an area.
Sources:
[1] https://keyzradio.com/is-dumpster-diving-legal-in-north-dakota/
[2] https://scrapsafari.com/dumpster-diving-in-north-dakota/
[3] https://dakotacountry961.com/ixp/1140/p/is-dumpster-diving-legal-in-north-dakota/
[4] https://www.reddit.com/r/DumpsterDiving/comments/1q36ze/is_dumpster_diving_legal_in_your_area_heres_how/
