No, Dumpster diving is not illegal in Ohio. In fact, in the majority of the United States, dumpster diving is perfectly fine, but the only thing you need to make sure of when doing this is that you should not be breaking any other law when up to it. That’s pretty much it! If you do that, you’ll be good for the most part, but still, let’s just go over the legality part of dumpster diving in Ohio, one more time.
What’s the Law Behind Dumpster Diving in the U.S.?
The most important thing first, let’s briefly glance at the federal aspect of the matter. So, the thing is, the highest court of the United States in the case of California v. Greenwood decided in 1988 that garbage, which is placed for pickup, is no longer considered to be a private area. To put it simply, the moment you dispose of something, it is not covered by privacy rights anymore. Plain and simple!
So, dumpster diving is not necessarily against the law in the U.S. But the laws and regulations in different areas can vary from one state to another, and this is the case with Ohio’s rules.
What Does Ohio Law Say?
Although in Ohio it is dumpster diving is not prohibited by any law at the state level, thus it is allowed by default. So you can go about it, and you will be good for the most part. But the thing is that here is the issue of trespassing.
If the dumpster is on private property, in a closed area, or next to a building with a sign saying “No Trespassing,” you are not allowed to enter without a permit. This is called trespassing and is illegal.
Moreover, consider the stealing point as well. In case there is something in the dumpster that is evidently not thrown away, if you take it, it might be considered stealing. Therefore, if you are not trespassing and not taking someone else’s property, dumpster diving is, in most cases, permissible in Ohio.
How Local Rules Can Differ
Local city rules can make a big difference, no two ways about that.
Like for example, in Columbus, it is allowed to physically fish in open and unlocked trash containers that are lying in public spaces. However, if these containers are on private property, then you must have the owner’s consent.
Just like that, in Mahoning County, the authorities do not recommend diving into dumpsters due to the risk factor associated with the act, apart from the law. There can be a risk of getting injured by a sharp object, inhaling chemicals, serious food poisoning or anything like that. The chances of you being taken to jail are slim, but you could receive a warning or a fine if someone makes a complaint about the activity in your area.
What Legal Experts Say
In a video titled “Dumpster Diving & Trash Picking: Is it Legal?”, Ohio attorney Tom Merriman was the one who explained the situation in the clearest way. The legality basically depends on the location of the diving.
Usually, if the dumpster is open and anyone can get to it, there is no problem with taking something out of the trash. However, if the dumpster is on a private property, behind a fence, or next to a “No Trespassing” sign, you shouldn’t be there. Just keep it that way.
In addition, he brings up the point that property owners may request you to leave their premises even if you are within your rights and technically legal, and that it is advisable to comply with their request. A refusal to do so may result in the intervention of the police. Therefore, it is a must to be polite and cooperative at all times.
