Maine Dumpster Diving Laws
The legality of dumpster diving in the state of Maine, while not frequently tested, is still of interest to many researchers and attorneys. The laws regulating dumpster diving in Maine primarily stem from two distinct authorities. One area comes from common law principles that focus on trespass (focusing primarily on whether the dumpster is on private or public property); the other area comes from statutory law with a focus on privacy (preventing the disclosure of confidential documents).
Common Law Principles
The common law principles focus on whether the dumpster was placed on private or public property. For example, in Bourne v. Williams, the court denied relief for damages from disposal in a neighbor’s dumpster. This case draws a line between public and private property. Specifically, regarding dumpster diving, as a person only has rights to what they possess on their own property and is deemed to have no rights to items placed in a dumpster on the neighbor’s property, the issue will be whether the dumpster was on private property or public property. If on public property, the dumpster diving will likely fall under the potentially permissible areas.
Statutory Law
The statutory law areas focus on privacy. For example, 17-A M.R.S.A. § 511 covers unauthorized use of other person’s property. This statute prohibits accessing documents or items in a dumpster if the items are meant for private viewing . However, it will not come into issue if the items are not confidential and are authorized by the person throwing them away. The statute further defines the unauthorized use of property as believing something thrown away does belong to the person throwing it away or an entity they control. There are two areas to consider, the electronic aspect and the physical aspect, whether the items are paper or otherwise.
However, under a similar law, 17-A M.R.S.A. § 511-A, known as disposal of personal identifying information, focuses on disposals of credit cards, social security cards, driver’s licenses, etc. This law, unlike most others discussed, does specifically cover the disposal of confidential documents. It requires items be shredded, torn, burned, or otherwise destroyed and goes on to specifically require the disposal of the private information for drivers, taxpayers, and anti-counterfeiting.
It is important to note that these laws were not evaded under the statute but would have been unneeded if the items were placed in public areas. This statute goes further by defining "dispose" as discarding, destroying, and failing to properly dispose of by shredding, burning, or otherwise obliterating.
This illustrates that the statute does govern the areas of interest, and may be worth a closer look for those trying to legally dispose of confidential items in garbage or dumpster containers.
The Legal Consequences of Dumpster Diving
Depending on the dumpster diving location, a person could be charged with trespassing. If the dumpster is on private property and no trespassing signs are posted or there are other indications that the property owner does not want visitors then dumpster divers likely could be charged with trespassing. Here, in Maine state law makes it clear that entry of a unit of real estate of another person is prohibited if the entry is without consent and there is a posted no trespassing sign that meets the requirements under Maine state law for such a sign. Trespassing may be a civil or a criminal offense depending upon the circumstances involved. A civil liability for trespass would normally apply when the alleged trespasser only briefly or slightly crosses into the owner’s property. However, criminal trespass would apply when the individual exceeds this boundary, especially if his or her objective is to commit more serious crimes on the owner’s private property. According to Maine state law if an individual intentionally enters or remaining on a property after receiving notice of intention to trespass and proper notice includes any intrusion to a property that is designed as a dwelling or building or any part of a building that is not open to the public, to a school, to a fenced or enclosed area, or to a place where the owner has, by posting, effectively excluded intruders and posted signs displaying the words "no trespassing," "keep out" or other similar language displayed in a conspicuous manner then the individual has committed a Class D crime related to criminal trespass. Criminal trespass is also a Class D crime under Maine state law if the trespasser acknowledges in writing the prohibition against entry onto the property prior to the entry.
Trespass to a "dwelling or building" is a Class C crime but if the "dwelling" is an unoccupied structure then if the trespass is reckless or due to negligence the trespass is a Class D crime under Maine state law.
A neighbor who is aware of a dumpster diver entering an adjacent property may also be liable for civil, or even criminal, trespass if he or she does not attempt to stop the person when he or she has the opportunity to do so. In Maine, a private citizen can make a citizen’s arrest on a criminal trespass charge. Furthermore, in Maine, the property owner can sue for the damages resulting from the illegal entry onto the property.
Any valuable property found in a dumpster is also legally at risk of being lost to a finder’s claim of right to the property. In Maine state law, if the owner did not intend to abandon the property then a trespass action may be used by the owner to eject the person from the property. Furthermore, it is unlikely that any property recovered from a dumpster will be able to establish itself as a protected treasure trove or lost property because lost property is property the owner places in an area where it will likely be missed. Thus, dumpster property is not protected by Maine state law because the owner knowingly throws the property away in the dumpster.
Public Versus Private Property Concerns
Maine distinguishes between public and private property in a number of different contexts. "One such distinction is based on whether the property is owned by the state or some other entity, for example, the state or a state official on a state-owned property, and whether the state thereby has a more pervasive interest in controlling access to that property." State v. Davis, 2018 ME 190, ¶ 17, 198 A.3d 150. The footnote of the Davis decision goes on to state that "the United States Supreme Court has long held that "the state, as owner of land, is entitled to exercise the same control over the use of its own property that would be exercised by a private owner lawfully in possession of it.’" Id.
Essentially, "When determining whether an officer’s request not to search an area is valid, it is important to analyze the nature of the property as well as the person requesting the search." Com. v. Cunningham, 67 Mass. App. Ct. 1157, 1171 (2006). Under Maine law, substantive rights are affected by the relationship between the officer requesting the search and the property. The relationship as explained in the Davis footnote distinguishes between the rights of an officer of the state and the rights of a private property owner as well as the privacy interests of a private citizen on private property and a state-affiliated citizen on state-owned property. This distinction is relevant when balancing substantial interests against policies (such as what the people in the community want to stop or prevent) and relevant to determining the rights of a property owner and the rights of citizens on private property.
So, if you are wondering whether dumpster diving is legal on public property in Maine, you may want to re-think it. There are many issues surrounding the legality of dumpster diving and they differ depending on the type of property the dumpster is located on.
Local Ordinances and Their Enforcement
Across the cities and towns of Maine, local ordinances add another layer to the dumpster diving debate. While the state law protects the right to dive somewhat, municipalities can regulate access to private and public property within their borders. These regulations vary in strictness. Some localities are more restrictive in granting access to dumpsters, while others do not address the issue at all. Of course, nothing about these ordinances is absolute. However, as I will discuss below, you could be confronted with a fine or criminal charges for diving depending on your location and the dumpster you enter.
Augusta
The capital of Augusta has a municipal code that establishes a fine of $200 for "waste and rubbish dumping." The relevant code states: "Any person who maintains a public or private place to deposit rubbish for any purpose, except by order of the City Council or health officer, is guilty of a violation and subject to the penalty provisions of Chapter 1.04."
On the surface, Augusta’s ordinance appears to regulate civic trash cans rather than commercial dumpsters. However, lack of clarity is no excuse for noncompliance, and the city may still pursue violators of its waste and rubbish code.
Westbrook
Westbrook has been known to cite and confront dumpster divers. In 2013, a public meeting was scheduled to discuss a dumpster diving problem at a local recycling business.
At the discussion, the company explained that "nightly" divers would "trash out" containers and leave heaps of garbage and junk nearby for the company to clean up. As a result, the business was forced to hire a junk hauler to remove the garbage left behind by the dumpster divers. The costs of this service, estimated at $600 a month, have now been passed on to customers . Now, the Westbrook City council is considering implementing an ordinance which would better define and address the "issue" of dumpster diving.
Portland
Portland has a few ordinances in place that may help prevent dumpster diving. For instance, the city has a municipal code that imposes a fine of $2,500 for wasting waste oil. This ordinance states: "No storage container for the deposit of waste oil shall be located within one thousand (1000) feet of any school, church, hospital or playground without the express written consent of the code and ordnance enforcement officer." It could be possible that a waste dumpster is subject to similar regulations.
In addition, Portland also has a municipal code pertaining to the "Improper disposal of solid waste and recyclables." The code states: "It shall be unlawful for any person to deposit or place any solid waste and/or recyclables in any location or manner in violation of the provisions of the Maine Solid Waste Management and Recycling Act, 38 M.R.S.A., Article II." Enforcing that additional provision could result in a real headache for dumpster divers.
Biddeford
The city of Biddeford has an ordinance that protects information put into recycling and waste containers. Like many of the ordinances I have described above, Biddeford’s ordinance could apply to dumpster divers. A violation of the waste and recycling code is punishable by a fine of $250. This fine may be levied to "any person who shall violate the provisions of this article." So it is possible for a diver to be cited and fined $250 if they attempt to recycle or dispose of waste without complying with the code.
The possibility of local enforcement against dumpster divers is ever-present. Therefore, local laws must be closely followed, as they may increase the risk of a citation or criminal penalties for unauthorized dumpster diving.
Guide to Ethical and Safe Dumpster Diving
Seek permission. Ensure you’re legally allowed to visit the property. Some businesses and individuals have specific policies in place. Always leave the property as you found it. Respect the privacy and property of others. This is also a good way to get permission beforehand. Make sure that the contents are clean. Don’t take too much food, and be careful with sharp objects. Follow any of your state or local laws regarding the handling of hazardous materials. Use the information you gather responsibly. Do not violate the law or any ethical rules. If you find personal documents, destroy them before disposing of them so that the information can’t be used to steal a person’s identity. If you want to learn more about the legality of dumpster diving, consult with an attorney.
Dumpster Diving Success Stories and Community Benefits
Recent years have seen a marked uptick in the number of community-led initiatives that look to mitigate food waste through "food rescues." These community organizations connect business owners with surplus perishable food items to the local soup kitchen or local food pantry that can make use of the waste. Alongside cities demanding that businesses divert far more of their organic waste away from landfills, this has had a large impact on the amount of food that makes it to food insecure individuals through appropriate means .
While there may not be a groundswell of dumpster diving organizations leading the charge in Maine, many communities in the state have been very active in the fight against food waste. In 2018, Portland and North Portland have both implemented bans on certain food items from ending up in the local landfill.
As communities like North Portland continue to research and implement similar food waste initiatives, dumpster diving will continue to play a key role in keeping our landfills from overflowing with valuable life-sustaining resources.