Is dumpster diving illegal in Texas? There is only one way to find out. Keep reading as this article will give you the exact answer you need.
But before we provide an answer to this technical question, it’s very crucial we dive into the topic of discourse a bit for more detail.
The assumption here is that you already know what dumpster diving is all about, but other readers might not know.
Hence, it’s important we take a little time to briefly explain what dumpster diving is all about.
What is Dumpster Diving?
Dumpster diving could be defined as the act of picking trash, collectibles, food, or other valuable items dumped inside a waste bin.
Other terminologies used for dumpster diving is dumpstering, trash picking, containering, curb shopping or street scavenging.
For those people who search waste bins for metallic objects they can sell, the terminology used for them is scrapping.
And those people who are searching for food or any consumable items thrown away from farms, the term used for such act is called gleaning.
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Why Do People Dumpster Dive?
Like the old clichè “no smoke without fire”, people dive into a dumpster for some reason.
Some dumpster dive to look for treasures that they can repurpose, and artists search the dumpster for collectibles that can be used to create art.
More so, some people dive into the dumpster for food and other relevant items for survival.
Human beings are not created equally and as such, dumpster diving looks like a nasty thing to some, but other people find it to be an exciting hobby.
Is Dumpster Diving illegal in Texas? What the Law says about Dumpster Diving
Having introduced you to what dumpster diving is all about and why people dive into dumpsters, now, let’s see what the law says about dumpstering.
This is very vital because every State and municipal law varies when it comes down to the issue of dumpster diving.
As of 1988, there was a Supreme Court Ruling in the case of California vs. Greenwood, the Court held that “dumpster diving is legal in the United States except where prohibited by local regulation.”
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What this means is that the United States as a whole did not prohibit dumpster diving, but the law gives room for state and municipal laws to do and undo.
There are instances where some municipal laws state that immediately junk are thrown into the garbage bin, they become free items for all.
And there are other laws that state otherwise stressing that junks belong to the rightful owners until the waste management picks them up.
What we could deduce from these laws is that when a dumpster is placed outside a public area, it still belongs to a person and that person has the right to prevent you from taking it therefrom.
Also, where a dumpster is under lock, chained, or fenced or chain, avoid diving into it. In such an instance, you’ll be considered a trespasser.
Going back to the original question you asked: is dumpster diving illegal in Texas? Here is your answer.
Trash thrown away in Texas is not considered abandoned unless and until it is gathered and collected by the trash collectors.
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Although the local laws differ and we are not certain if that’s what is applicable in the entire state, we can boldly tell you that the city of Houston allows dumpster diving.
In 2013, Houston Law decriminalized the act of diving into public garbage bins giving people the right to dumpstering for use without any citation.
From the foregoing, it is safer to conclude that dumpster diving in Houston Texas is legal but it’s advisable you check your municipal laws to be certain.
Precaution on dumpster diving
Whether or not your municipal law gives you that right and power to search public garbage cans without any citation, you need these precaution rules.
Regardless of the reasons why choose to dumpster dive, it’s very important you heed these precautions before taking the leap.
♦ The fact that dumpster diving is legal in your area doesn’t mean some people are happy about it.
♦ Use caution before diving into dumpsters you never know who is lurking around.
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♦ Be wary of creatures who may be lingering around the dumpsters before you dive into them.
♦ Consider using a stick or a long pole to make way and shift things before you go in.
♦ Pay utmost attention to signs; avoid dumpster diving in an area with “no trespassing”.
♦ Under no circumstances should you cut locks, chains or cross over a fenced area to dive into a dumpster.
♦ Avoid wearing a new cloth when going for dumpstering or gleaning, your clothes may get dirty.
♦ Cover your skin with long sleeves, long trousers, long socks, and heavy shoes. Endeavor to wear rubber work gloves too.
Note: In case you are not sure or satisfied that dumpster diving in Texas is legal, there’s another way for you to find out the truth.
Contact the Texas Department of Public Safety customer care representative at (512) 424-2000 for the appropriate laws in your jurisdiction.
Things to Know Before Dumpster Diving
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The following are the few things you should know or do before dumpster diving.
- Dumpster diving is nothing but a dirty hobby although it can be rewarding when jamming valuable things that can be repurposed.
- Dumpsters are dirty and smelly, but the chances of contracting disease or illness are very high.
- Know your surroundings and don’t dive into dumpsters in an unfamiliar environment irrespective of how safe the surrounding might look.
- Always go out with your cell phone in case you need to use the flashlight or for unknown circumstances like when the dumpster lid closes while you’re inside.
- Dive only in the daylight, and go back home when it’s dark.
Conclusion
At this juncture, you must have found the right answer to the question you asked if dumpster diving is illegal in Texas.
In as much as we say yes, dumpster diving is legal in Texas, it’s important you check the law in force in your environment to be so sure.