Picking Through the Trash - Is It Legal in Royal Oak?

On any given trash collection day, plenty of items are left at the curb for the taking, including old couches, furniture and appliances. Some consider it the ultimate recycling. But is it legal?

In Royal Oak, where there are ordinances prohibiting scavenging, the answer is no.

"As soon as a resident puts their trash out, basically it belongs to the trash collection contractor," said Mayor Jim Ellison at Monday's city commission meeting. 

Scavenging debate

The legality of scavenging goes back to the 1980s when the Supreme Court ruled it legal in the United States and overturned a Court of Appeals ruling saying otherwise.

According to the 1988 Supreme Court Ruling of California vs. Greenwood, when a person throws something out, that item is now the public domain.

The issue in that case was whether the Fourth Amendment prohibited the warrantless search and seizure of garbage left for collection outside the curtilage of a home.

The decision, in part states, “It is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public.”

Cities, however, have the authority to prohibit scavenging by local regulation.

Royal Oak does have a local regulation.

According to Royal Oak's Ordinance No. 633-6 titled “unlawful transportation of refuse, anti-scavenging," "it shall be unlawful for any person, firm or corporation to transport, cart, carry or convey through or over any of the streets, alleys or public places of the City of Royal Oak any garbage, unwashed refuse and unwashed food containers without the written consent of the City Manager.”

City receives credit for junk

On Monday, the Royal Oak Commission reviewed a recommendation from the Environmental Advisory Committee to further toughen the anti-scavenging ordinance.

At issue are four "junk trucks" licensed by the city. A licensed junk truck may collect items from private property, but only with the permission of the property owner.

"The Environmental Advisory Committee has been looking for a way to tighten up the rules because the city receives a $35 credit per ton for all recyclable material," said Greg Rassel, director of public services. "However, scavengers have been picking through the recycling material taking the high value items, such as appliances."

City Attorney Dave Gillam proposed language to amend the Solid Waste Ordinance, which commissioners passed on first reading, to make it very clear that scavenging is not permitted whether or not a junk truck is licensed by the city.

"Are we criminalizing the innocent garbage picker that wants to grab a lawnmower or something like that?" asked City Commissioner Carlo Ginotti.

"We're just tightening up the language," Gillam said. "I don't think the police department is going to change their practice."

A first violation of the anti-scavenging ordinance is a minimum $25 fine, plus court costs; a second violation is a minimum $50 fine, plus court costs; a third violation is a minimum $75 fine, plus court costs; and a fourth or subsequent violation is up to $500, plus court costs, and/or 90 days in jail.  

The maximum penalties are the same for an individual and a licensed junk truck operator, although a junk truck operator could also have his/her license revoked or suspended as a result of any scavenging violation, according to Gillam.

Residents should call the Royal Oak police at 248-246-3500 if they see scavengers in their neighborhood. Police will handle calls on a priority basis, Rassel said.

Lori E. Switaj contributed to this story.