"Citizen's Arrest" re: Dumping

[Sequoia]

I contacted the local Sheriff's Deputy regarding an excessive trash dumping incident. 14 items in the dumpster, including 9 large bags of trash, and rolled carpeting thrown behind dumpster.

My wash is in CA, which has essentially de-criminalized just about everything under about a $1,000 loss. However, the Deputy was willing to take a report and send me a "Citizen's Arrest" form. Since it was a misdemeanor not witnessed by a Peace Officer, this is their process. I filled it out, and submitted a chronology along with multiple videos in support. Fortunately the blockhead drove right by the license plate camera and I got his plate #. This report and the "Citizen's Arrest" form then gets submitted to the DA for any action or non-action. As we all know, non-action is the likely outcome. I looked up the Deputy's report this morning (Sheriff's log) and it was listed as a call about "littering."

I'm not familiar with the "Citizen's Arrest" process. The last flagrant dumper I reported (lucky me) happened to have an outstanding warrant, so he went off to jail that night. Does anyone know how the "Citizen's Arrest" process in CA works, and is there any downside to pursuing this?

 

[MEP001]

Is there not a local ordinance against using someone's trash facility without their consent? There is here, and it's a $200 fine.

Some local agencies will enforce a sign you post, e.g. if you had a sign at the dumpster stating $200 fine for leaving trash, they might go after them with proof.

I think it's BS that with a citizen's arrest form submitted with video proof they won't go issue the guy a littering ticket, or that you can't show the video to a peace officer who has then witnessed it. I couldn't even get an officer to come out the other day after I had a safe drilled out. They could only take a report over the phone and told me I'd get a call back, which never happened. That's why I decided to get a gun, and they'll just have to deal with these people in a different way.

 

[mjwalsh]

Duane ... I wonder if you provided the evidence to Waste Management or whoever pickup company that they would help to make sure the individual is fined. It seems like most trash pickup companies nowadays own the dumpster & always have the "illegal dumping" sign on the dumpster ... not the business owner. Let us know if that helps with your rather severe incident where you have the evidence.

Here in Bismarck some nonprofit thrift stores got the news media to shed light on "leaving of unwanted items" without their permission. Those news stories have popped up a bunch of times recently. Not sure of the effect from that though.

It seems like the more prevalent the socialism mantra becomes ... the more at risk we are. Yesterday, I had to talk down a well meaning Native American College Student based on what he was articulating to me & some others at the business. It was a bit exhausting & I am not 100% sure I got through to him about being lulled into that!!!

 

[Sequoia]

Duane ... I wonder if you provided the evidence to Waste Management or whoever pickup company that they would help to make sure the individual is fined.

That is a very good suggestion. Waste Mgmt. is getting very tired of my car wash, and the workload on their drivers. I increased trash pickups from 2 per week to 3. They said I shouldn't need more than one.

I am trying to figure out options to lock or remove the dumpster entirely.

When I roust people in the act of dumping trash, I am always surprised by their reaction: "really? what's the big deal?"

 

[MC3033]

Your waste company can likely provide a dumpster with a lock bar. Likely will be an extra charge but sounds like it would be worth it.

 

[Greg Pack]

What you need to do depends on your State Laws. You should be able to find them online. If you educate yourself on your State's laws you can play the game and find out exactly what the prosecutor/magistrate/judge are looking for and needing for prosecution. In my state, its called criminal littering and mail found in garbage can be used as evidence to prosecute and fines.

Also, each State has slightly different procedure for arrests and criminal proceedings. In my State, most Law enforcement departments do not investigate and pursue misdemeanors. It is up to the citizen to pursue charges by going to the magistrates office with a police report and any additional evidence. The magistrate will look at the report and evidence, and if there is sufficient grounds will issue an arrest warrant for the suspect. So it sounds like you're going through a similar procedure. But you need to know the exact wording of your State's littering laws and see if your incident fits the description. Most likely it did or the police wouldn't have filled out a report. Another possible option is theft of services in some States according to how the law is written.

Can't imagine a downside.

 

[Sequoia]

Most likely it did or the police wouldn't have filled out a report. Another possible option is theft of services in some States according to how the law is written.

When I gave the Deputy the license plate number over the phone, there was a slight pause and then he said: "Hmmmm." I took that to indicate this person already has a criminal history, which might be why he was willing to even take a report.

 

[Wet Spot]

What city are you in, SoCal area? Hopefully the Registered owner is the person dumping depicted in the video.

 

[Sequoia]

I'm in rural Northern California, in a town called Arnold. Elevation 4,000', highway frontage and with many large pines, cedars, and aspen trees.

I don't know who the registered owner is, but it's a small town so the name should turn up.

As I have been combating the dumping problem by scrutinizing video, I am learning a common denominator. A lot of my problem trash people drive "beater" pickup trucks. This fellow's truck had body damage on virtually all body panels, and the back window of the cab was blown out and replaced with plywood. Not the kind of vehicle that gets much attention at a carwash.

 

[mjwalsh]

When I gave the Deputy the license plate number over the phone, there was a slight pause and then he said: "Hmmmm." I took that to indicate this person already has a criminal history, which might be why he was willing to even take a report.

Greg & others,

Maybe there was a warrant out for the person. I don't know if anyone else has a problem with apprehending of "a warrant for arrest" persons but it can actually get to the point where it can hurt a business.... considering how the police sometimes blocks both entrance & exits. It also has a way scaring away normal regular business when they do that. Those incidents are not related to a call from us for help but our property becomes theirs (police) for too dang long sometimes. When you need them ... sometimes "where are they" .... when you don't need them .... you get my drift.

 

[MEP001]

This fellow's truck had body damage on virtually all body panels, and the back window of the cab was blown out and replaced with plywood. Not the kind of vehicle that gets much attention at a carwash.

Maybe it should. How would we change that?

 

[Axxlrod]

I'm also in CA.

Make sure you have a sign posted at your dumpster stating No Dumping. Some cities require the specific city code to be written on the sign also.

 

[Randy]

Over the years I've been toe to toe more than once with the police over illegal dumping. You can pretty much forget about the police or the prosecutor doing much of anything, I've never gotten any satisfaction from them. Lock your dmpster up like it was Fort Knox. When they dump outside of the dumpster look for an address and then take there garbage/junk back to them, that can be very entertaining.

 

[srr5008]

We lock our dumpster, but people get creative with how they go about leaving their crap on our lot. I'm a big fan of dumpster diving for anything with an address on it. I then like to return their garbage to their property (i.e. dumping all over their lawn), if they are within driving distance.

 

[Sequoia]

We lock our dumpster, but people get creative with how they go about leaving their crap on our lot. I'm a big fan of dumpster diving for anything with an address on it. I then like to return their garbage to their property (i.e. dumping all over their lawn), if they are within driving distance.

The chances are low, but you risk an accidental needle stick if you paw through the dumped trash. That's a risk I choose to avoid. I like the idea of taking it back, except if I am halfway unloading it and a drunken property owner comes out to confront me. Ahhhh.

 

[Sequoia]

I think I wore out my welcome with law enforcement with just one report. The deputy asked for videos; unfortunately, that became many emails because of size limits of email attachments. So my effort to send the required information, pictures, and videos probably flooded his email in-box for a bit. From his perspective, that's a lot to shuffle through for a "littering" charge.

 

[srr5008]

The chances are low, but you risk an accidental needle stick if you paw through the dumped trash. That's a risk I choose to avoid. I like the idea of taking it back, except if I am halfway unloading it and a drunken property owner comes out to confront me. Ahhhh.

I dump the bags into my dumpster and use one of those trash picker/grabber tools to stir the trash and pick out envelopes - for that very reason. I'm always worried about druggies dumping on my lot. I also return garbage to homeowners during the wee hours of the morning to avoid fistfights.

 

[mac]

Just had my first trash dumper with my newly acquired wash. And yes, he was dumb enough to have mail and documents with his phone number on it. Left him a nice message saying basically if it ever happens again, don't worry about it being reported to the police. There was a little more I said that I wish to not repeat here.

 

[PaulLovesJamie]

... that's a lot to shuffle through for a "littering" charge.

I think you are approaching this wrong, I prosecute this as theft of service. I can sympathize with not wanting to prosecute littering, but this is not littering- it is theft. It is NOT a minor annoyance, it is costing me thousands of dollars per year.

Littering: "carelessly discarded refuse." (freedictionary)

Theft of Service: a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider for these services.

In plain english, If you are paying for trash collection, and somebody brings a tied-off bag of garbage and leaves on your property/dumpster without paying you, they are stealing a service. This is the "service" (as opposed to product) version of shoplifting. It is a misdemeanor, and goes on their permanent record.

Whenever somebody tells me "its just a bag of trash, get over it" I remind them that the service of trash collection is one of the biggest industries in the US, look up the value of Waste Management or Republic Services if you think I'm wrong, they are both fortune 500, climbing steadily.

 

[MEP001]

I use the "theft of service" tag a lot, including for bucket washers and detailers when it's busy. I recently happened upon a food truck parked in a bay, I went and checked video before I talked to him and he had already been in the bay for 45 minutes without ever starting the timer. When I approached him I just told him he needed to move out of the bay, and he acted like he planned to spend a ton of money to wash his truck and I was running off business. He ended up going to a nearby wash, and all he did there was spend another 20 minutes scrubbing down his interior and one startup cycle to rinse food scraps everywhere. Theft of service/shoplifting is an arrestable offense in Texas, so he's going to jail if he comes back and his truck will be towed. The tow alone will cost him close to $1,000.