Dumpster diving is a practice where individuals search through discarded items in dumpsters for items that may be reused or repurposed.
While dumpster diving is not illegal at the state level in North Dakota, it is important to understand the legal considerations surrounding it, especially concerning local laws and property rights. This article will guide you through the key points about dumpster diving in North Dakota and how to stay within the law.
Key Legal Considerations
Public vs. Private Property
Dumpster diving is generally legal if the dumpster is located on public property and is not locked or fenced in. If the dumpster is on private property and you do not have the owner’s permission to access it, you could be trespassing.
In such cases, entering the dumpster would be illegal. Private property that is clearly marked with “No Trespassing” signs, fences, or locks is off-limits for dumpster divers.
Local Ordinances
While North Dakota does not have statewide laws specifically banning dumpster diving, some cities in the state have their own rules that could impact your ability to legally search through dumpsters:
Bismarck: The city has an ordinance that prohibits dumpster diving in all dumpsters, including those behind businesses and apartment complexes. Violators can face fines up to $1,500.
Fargo: Fargo also prohibits rummaging through dumpsters or garbage cans on both public and private property within city limits. Those caught violating this ordinance may face misdemeanor charges.
Before dumpster diving, always check your local city or county regulations to make sure you are not breaking any local laws.
Trespassing Laws
Even though dumpster diving itself might not be banned, entering private property to access a dumpster without permission can lead to trespassing charges. In most cases, you must have explicit permission from the property owner to access a dumpster on private land.
Locked or Fenced Dumpsters
It is illegal to attempt to open or enter a locked or fenced-in dumpster. If you try to break into a locked dumpster, you could be charged with tampering or trespassing. Therefore, if a dumpster is locked or fenced off, avoid attempting to access it, as doing so can lead to serious legal consequences.
Disorderly Conduct and Littering
Even if dumpster diving is allowed, it’s important to follow certain rules. If you create a mess while rummaging through a dumpster, you could be cited for disorderly conduct or littering. Always clean up after yourself to avoid potential fines or citations.
Sources:
https://keyzradio.com/is-dumpster-diving-legal-in-north-dakota/
https://scrapsafari.com/dumpster-diving-in-north-dakota/
https://detectingtreasures.com/dumpster-diving-in-north-dakota/
https://hot975fm.com/is-it-legal-to-dumpster-dive-in-north-dakota/
