Dumpster diving is not outright illegal in Colorado, but its legality depends on several key factors, primarily related to property rights and local ordinances.
Legal When:
- The dumpster is on public property.
- The dumpster is unlocked and does not display a “No Trespassing” sign.
In these scenarios, you are generally allowed to search through the contents of the dumpster without breaking the law.
Illegal When:
- The dumpster is on private property (such as behind a business, inside a fenced area, or at a private residence) and you do not have permission to enter.
- The dumpster is locked or has a “No Trespassing” sign posted.
- You must cross a fence, open a gate, or ignore posted warnings to access the dumpster.
In these cases, you are likely trespassing, which is illegal and can result in fines, a permanent ban from the property, or even arrest.
Key Legal Considerations
- Trespassing: Entering private property or ignoring posted restrictions (signs, locks, fences) to dumpster dive is considered trespassing and is illegal.
- Local Ordinances: While state and federal law (including the 1988 Supreme Court case California v. Greenwood) generally allow dumpster diving, city or county ordinances, as well as business-specific rules, may further restrict or prohibit the practice. Always check local laws for additional regulations.
- Disorderly Conduct: If dumpster diving leads to complaints, creates a mess, or is perceived as disruptive, law enforcement may cite you for disorderly conduct or illegal dumping.
Table
| Scenario | Legal Status |
|---|---|
| Public property, unlocked, no signs | Legal |
| Private property, without permission | Illegal (Trespass) |
| Locked dumpster or “No Trespassing” sign | Illegal (Trespass) |
| Causing a mess or disturbance | May be cited |
| Violating local/city ordinances | Illegal |
Dumpster diving in Colorado is generally legal as long as you respect property boundaries, posted signs, and local regulations. It becomes illegal when it involves trespassing on private property, bypassing locks or signs, or violating local ordinances. Always research local laws and seek permission when in doubt to avoid legal trouble.
Sources
[1] https://kekbfm.com/colorado-dumpster-diving-law/
[2] https://www.findlaw.com/injury/torts-and-personal-injuries/dumpster-diving.html
[3] https://www.tomislavnews.com/dumpster-diving-laws-in-colorado/
[4] https://k99.com/ixp/507/p/colorado-dumpster-diving-law/
[5] https://95rockfm.com/dumpster-diving-colorado-laws/
