No, dumpster diving is not illegal in South Carolina. Not by itself, at least, that’s what we can certainly say. But yes, there are times when this type of activity can very well become illegal, and that has a lot to do with how a person overlooks other rules or laws that has not a lot to do with dumpster diving itself.
What Federal Law Says About Dumpster Diving
At the federal level, it is not a crime to go dumpster diving. The U.S. Supreme Court held that a person cannot expect to keep private something that has been discarded in a public space. So under the federal law, taking stuff from the trash is mostly permissible. Nevertheless, state laws, local ordinances, and property laws can still fine or criminalize dumpster diving.
What South Carolina Law Says
There is no state law in South Carolina that directly prohibits dumpster diving. This fact might be quite surprising to most people. The state does not make it explicitly illegal to take items from a trash bin. However, there could be various other laws that might be enforced. The laws against trespassing, theft, as well as local ordinances may be utilized depending on the location and the manner of the dumpster diving. Therefore, technically, the act is not prohibited but the circumstances of the act are very significant.
How Dumpster Diving Is Handled in Real Life
Usually, police are not out there hunting for dumpster divers. Typically, it is when a property owner complains or when there is a disturbance that problems arise. There are cities and towns in SC that have their own ordinances to limit or prohibit dumpster diving.
The local meters/coins connotes that in some places creating a mess or causing a disturbance will result in the issuing of a littering or disorderly conduct citation. In other words, an action allowed in one place may not be so in another.
Public vs Private Dumpsters
That is probably one of the key things that you really need to grasp. In case a dumpster is located on a public street or curb for pickup, it is pretty much always allowed to help yourself with discarded items. However, containers that are behind stores, apartment buildings, or restaurants are usually considered private property. If you go on private property without the owner’s consent it can be considered trespassing, even if your only purpose is to look through the trash. This is where most of the legal issues concerning dumpster diving originate.
Signs, Locks, and Barriers Matter
A lock, a fence, or a sign like “No Trespassing” or “No Dumping” on a dumpster is nothing but a warning to stay away. These signs indicate that the owner has not given permission to enter. If you disregard them, you risk getting a fine or other legal problems. Furthermore, breaking a lock or climbing the fence turns the situation into a much bigger problem and it is almost always against the law.
Local Rules Can Change Everything
Statewide, South Carolina does not prohibit dumpster diving, however, cities and counties have the right to regulate it by their own rules. Some places permit it, while others limit it or penalize people for it. That is why it is essential to look up local laws before assuming that you are free to do something. What is permitted in one town can be prohibited in another..
Common Reasons People Get in Trouble
People usually don’t get in trouble just for taking trash out. Most of the time, problems arise due to trespassing, littering, or not listening to warnings. In some places, even grabbing stuff from recycling bins can put you in trouble. We must say one more thing, with dumpster diving there is always that risk of getting injured too, and on top, if you get injured while at it, the owner of the property will not be liable in any way, so it’ll be upon you.
