Is Dumpster Diving Legal in Tyler? Here’s What Texas Law Says

TYLER, Texas -- Well, here's something I didn't expect to spend part of my day investigating: Is dumpster diving legal in Tyler? The question popped up in the All Things Tyler Facebook group after someone asked whether they could try dumpster diving to bring in a little extra money and possibly find usable food.

And approximately 14 seconds later, we had every possible interpretation of the law. Some commenters said it's perfectly legal as long as the dumpster isn't locked. Others warned that dumpsters are generally on private property and you could wind up with a trespassing problem.

Is dumpster diving illegal in Tyler?

So who's right? Is dumpster diving illegal in Tyler? Well... the second group is closer, but there's a little more to it. There isn't some Texas statute saying "dumpster diving = illegal," but where the dumpster is matters enormously. A dumpster behind a business can still be on private property. Fences, gates, signs, instructions to leave, etc. can create obvious trespassing problems. And "unlocked" does not magically mean "public property."

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In the City of Tyler, the city's own solid-waste rules regulate commercial dumpsters and discarded property, but in the current Tyler code, and maybe I missed it, I didn't find a simple ordinance declaring all dumpster diving either legal or illegal. But that doesn't mean dumpsters are fair game.

What does Texas trespass law say?

Texas criminal trespass law says a person can commit an offense by entering or remaining on someone else's property without effective consent when they know entry is forbidden. That notice can come in several forms, including signs, fencing, or being told by someone with authority to leave. Texas law defines "entry" for this statute as the intrusion of the entire body onto the property.

Tyler has some pretty specific dumpster rules

And here's something particularly relevant in Tyler: Tyler City Code Section 10-340 requires dumpsters and similar trash containers to be screened on four sides by a six-foot-high solid fence and located on the side or rear of the building, screened from public view.  In other words, "the dumpster wasn't locked" isn't necessarily a free pass or an invitation.

But isn't trash considered abandoned?

We looked a little deeper and found something that may apply here. A U.S. Supreme Court ruling says people generally don't have a Fourth Amendment expectation of privacy in garbage they've left outside for collection in an area accessible to the public. That is true. However, the case was about police searches and the Fourth Amendment, not just permission for anyone to walk onto private property and take things out of dumpsters.

So, is dumpster diving legal in Tyler?

So, from what we can tell, as non-experts, dumpster diving itself isn't expressly forbidden in Tyler, BUT where that dumpster is located, whether you have permission to be there, and whether you're allowed to take what's inside can make a big difference.

As always, your thoughts are welcome at tara.holley@townsquaremedia.com.

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