The Laws concerning Dumpster diving in Wisconsin
In Wisconsin, the issue of dumpster diving has been a grey area, and laws may vary from one community to another. Most Wisconsin state privacy laws are reasonable in terms of limiting who can obtain information found in someone’s discarded materials. The State Statute for Trespass states: "No person shall be allowed to enter without permission into the lands, buildings, premises or property of another." When separating themselves from their trash, property owners release the ownership to the waste management company. Companies like Advanced Disposal and other waste management companies are in charge of making sure that this waste is cleaned up and disposed of properly, not you. However, the government does not track what happens to your waste once it leaves your curb. If you see someone tossing through your trash, you don’t have legal grounds to approach them.
Wisconsin is governed by Article 11 of Chapter 943 of their criminal statutes which states: "943.13 – Entry onto a locked or enclosed commercial premise without consent of the owner." In order for a trespass to be valid in Wisconsin , a lock or enclosing must first be present on the property, which it is not when it comes to dumpsters. Wisconsin Statute §943.14 includes the definition of "Locked or enclosed", it says: "Locked or enclosed" means an area fenced, railed, contained, or barricaded by a structure, barrier or other object capable of preventing access to the area. This is also just for the purpose of trespassing.
Under federal law, the law of thieves and robbers supersedes all other laws. Wisconsin state statutes follow federal guidelines when it comes to this specific area. Trash can be recovered, examined, and used against you in court if it’s placed in a public location outside of the safety of the garbage code. Since the dumpster is locked, it’s safe. If you’re looking for something among someone else’s trash, particularly in Duluth where it is permitted, you will do so completely at your own risk. There is no legislation pending that would change these laws.
Legal Ramifications for Dumpster Diving
A common misconception about dumpster diving activities is the idea that a person could be charged with a theft. In a traditional theft charge allegation, the assumption is that the person who stole the items we all know as the "person xs stole person ys things." But, what about when the items are not generally enjoyed? What if you are stealing trash? In general, to prove a theft charge, the prosecution will have to show you took property from another person without their consent. So, what if that person said you could take their trash? Doesn’t the dumpster, which holds someone else’s trash belong to the dumpster owner regardless of the fact that it holds someone else’s belongings? Trash Ain’t Property In Wisconsin law, an item becomes abandoned property when you put it in a dumpster. Through a number of different court decisions, the Supreme Court of Wisconsin has said that you have a free and legal right to dumpster dive. Thus, before you choose to dumpster dive, make sure you know who maintains the dumpster so you can avoid any unnecessary legal problems. Trespassing And to clarify the legal concept of dumpster diving, you might face trespassing charges if you go behind a business to collect items that were not placed in the dumpster. But, if you look up the trespass statute in Wisconsin state law you will found that using the dumpster on a private property is not considered an illegal act. If a person owns the property and says you can use the dumpster on their property, you are acting legal and you can not be charged with trespassing.
How to safely and lawfully dumpster dive
To navigate the lanes of dumpster diving legally and safely in Wisconsin, it’s best to be your own advocate for safety—and legality. There are a few essential do’s and don’ts that can make or break your dumpster diving experience.
Do’s and Don’ts
Do: Be polite to the business’ staff. This means no loitering around the entry/exit area, shouting at staff or customers, or wandering around their restaurant or store.
Don’t: Assume the dumpster belongs to that business. Your first instinct may be to peek into the dumpster by the store is located in, but oftentimes, dumpsters belong to a waste company. In that case, the waste company may or may not allow you to pull items.
Do: Respect the waste company’s property. If you’re allowed to haul out wasted food, put the empty crate or box back inside.
Don’t: Climb into the dumpster without knowing where you’re going to place your feet when you jump down. Not every dumpster has a ladder on the side, and some commercial spaces have barbed wire or barbs around the top.
Do: Wear gloves, a mask, and keep your hair tied back with a bandana. You don’t know what the person before you was wearing, and you don’t want to catch their flu, let alone their cold sore.
Location Scouting
Unfortunately, some businesses recognize that dumpster divers hunt through their trash and make it difficult to gain access. Some best businesses may store their items in front of the dumpster at closing time, or even alter the locks on their dumpster to prevent someone from pulling items out.
Other businesses may encourage dumpster divers—like co-op markets that donate their spoiled produce. If you’re not sure which grocery stores or grocery co-ops are open to dumpster divers nearby, consult The Real Deal and Atlanta Dumpster Divers.
If you’re just getting started, you may want to choose your locations wisely. Restaurants usually dump larger quantities of usable food than grocery stores do. You’ll have an easier time finding food in the dumpster behind a pizza place than a produce market.
You can also join a Facebook group to keep up with dumpster diving opportunities around your state. Examples include the Wisconsin Dumpster Divers and Dumpster Diving Minnesota. But don’t be surprised if your post doesn’t get answered right away. The dumpster diving community tends to be kind of secretive until you let time pass, which allows them to assess that you are whom you say you are.
What to know about the involved ethics
Beyond the legal questions, an ethical debate has arisen over the practice of dumpster diving. Proponents of the practice argue that reducing waste and discovering a second life for unwanted property is better for society as a whole than the alternative: sending perfectly good resources to their doom in a landfill. They see it as an incredible opportunity to encounter new ideas, new people, and new experiences while helping to lessen our impact on the planet. On the other side of the aisle, businesses and individuals whose property finds its way into the hands of dumpster divers or who otherwise feel disadvantaged by the intended purpose of dumpsters view the practice as an outright affront to personal property rights and capable of serving as an aggravating nuisance. Both sides make valid points.
If an item has been simply discarded as trash, does it not become fair game? If a person consciously throws something out, do they not surrender their right to it? If a company has no use for a product, why should someone else? And if a company must bear certain costs to keep its refuse contained and safely stored, isn’t it fair for the consumer (the trespasser) to compensate that cost for the opportunity to collect various materials of potentially some value? After all, dumpsters are gross machines. We use them to get rid of our waste because they are bigger, cheaper, and more convenient than holding on to it or paying to have it collected from our homes. These are all reasonable points.
Even if you concede the dumpster diver’s ethics, however , you must also recognize that the enthusiastic dumpster novice is far from alone in his thinking. Stores and their managers suffer more than a few dilapidated boxes piled around corners or tucked away in the far back of shelves knowing there is something perfectly reusable or even brand new inside. Cleaning crews and trash collectors know from firsthand experience the kind of junk people are willing to throw away. Yours, mine, and ours have all contributed to the oceans of disposable goods we see flow through our modern world. The current climate of convenience has served to create a literal flood of disposable materials used where they aren’t necessary or even reasonable. It is the norm to simply douse the smoldering embers of our own consumption with a bucket of gasoline when we throw away a perfectly good product, box, or item just because there is a new shiny version out there somewhere.
And what of the mom and pop shop, the small business owner, or the individual whose dumpster has been a recurring favorite of those in the area? How would they weigh the value against the potential loss? Sure, it may be an astonishing bargain for the dumpster diver, but is it worth the hassle to a business owner or individual who may be confronted by police, harassed by nearby dumpster divers, or left to deal with a mess only after the next load of waste enters the dumpster? Perhaps more importantly, can one ever stop to consider the moral implications of redundant dumpster divers filling their bags with things they don’t need or could just as easily live without when in the presence of someone who actually does need them?
Wisconsin community and other resources for dumpster divers
You might be surprised to learn that dumpster diving is a pretty popular thing to do, even in places that you wouldn’t suspect. For example, in Wisconsin, there are several dumpster diving groups, and their members are more than willing to help you out if you have any questions or concerns. These groups typically hold regular meetings, and they also keep forums and Facebook pages dedicated to answering any questions. Beyond that, you can connect with other dumpster divers via eCommerce sites that are based on buying discarded goods , such as eBay or Craigslist.
One of the other resources that Wisconsin dumpster divers have is the Great Lakes Squared Collective. This group is comprised of numerous other smaller organizations. Its main headquarters is located in Milwaukee, but it is always expanding into outlying areas. The group’s focus is on helping people to save money through "sit-spots," or places where you can stop and collect what other people are throwing away in a specific neighborhood. It’s free of charge, and they will set you up with your own area where you can keep what you collect if you want to. More than 1,000 locations have already been set up, so it is clear that people are spotting the benefits.
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