Flagrant dumper

[wendy's wash]

What do you do with the pickup truck that keeps coming in your 6 bay self-serve and hauling debris and dumping it at your wash. I've spent $2000 for cameras that will catch the license plate. This is on top of the $3000 worth of cameras that allow me to see the garbage being tossed out of the truck. While I was always told when I call the police that if I didn't have the license plate number, there was nothing they could do. All that was a farce as now I catch the license plate on my additional cameras that were put in. So this guy has been dumping since the first of the year. Items dumped roof shingles, wood, leaves, mulch, trash bags. Went down to the police department complaining about no help to stop this from happening. Finally after half an hour of complainant, the police officer at the desk, witch was the only person you can speak to. Says he'll go down there to dumper's house and tell him not to come back. We'll December 21, the truck comes back but this time he has no license plate on his truck. Now what do I do now?

The only option that I can see will cost $175. To sue in Small Claims Court. Problem with this is what if the judge thinks that by spending enough money to turn on the bay, gives him the right to dump. The second problem I see is what physical cost I have incurred by his actions. Did I pay someone other than myself and my wife to clean the mess up. Should I just give up, clean it up every time. At the age of 63 should I just look forward to the day I sell it and not tell the new owner of this butt hole. Any suggestions would be welcomed. Thanks

 

[soonermajic]

I got no help for ya. Sorry, harass PD, til they do something

 

[mjwalsh]

Wendy's Wash,

Since the guy still came back & you know it is the same guy ... I don't think the officer who told him will be OK with the guy still playing his little game of "theft of services". I would follow up with the same officer & if that does not stick I would implore a town or city council member or media do the governing that needs to be done. There was a animal rescue non profit 2nd hand store here in town where goofballs were dumping large mattresses on their property without permission in the middle of the night. The media did some stories on it for the former DJ manager of the 2nd hand store. I am pretty sure the perpetrators finally stopped their "net results" bad deed.

 

[soapy]

Have the police issue a no trespass order to him. Then if he ever does come back it will be a much larger fine. A lawyer could also get a restraining order for him. Judges do not like being made a fool of. Yesterday I was at my wash dumping the trash into my dumpster. I throw all the cans in the back of the pickup so I can dump them quicker. At the same time the City's trash truck driving was pulling in. HE lowered his window and said hold it right there it is illegal to dump trash in a private container. I explained I was the owner and he began to apologize. I said no problem and that I appreciated his effort and to do it anytime he saw someone doing it.

 

[johnny]

I find the best thing to do is take it back to them and put it in there driveway or at there front door.
No one ever called the police and complained

 

[Robert2181]

Most all cities,towns & states have an illegal dumping policy.

 

[Earl Weiss]

I will second MJ . Have police issue a no trespass order. I think you would have a tough tine with a "Theft of Services" case.

 

[Eric H]

I have washes in two cities right next to each other. I went to college with one of the health inspectors in one city where I was having dumping issues. He was always easy to work with and would help me out if I found mail with an address (this was before I had cameras). He would contact the property owner and inform them that dumping was illegal. Sometimes I would just leave it in the dumpster but sometimes I would load up my truck, and sometimes his truck too, and return it to the property.

I never had any major issues at the wash in the other city...until I got cameras! After having a guy fill up half of my dumpster 3 weeks in a row and my neighbors dumpster twice I contacted the health inspector in that city. I told him about the incidents and how I had all of it on camera with the license plate number. He contacted the vehicle owner, the guys mother, and told her if the trash was not removed from my property he would issue a $500 fine.

IMO the police have bigger fish to fry BUT a health inspector, well, they may just be the personality type that wants to throw some weight around.

 

[MudMoney]

I would go with the no trespassing order. Currently I have 6 of them in place,they do expire after a year. No one has ever violated the order.

 

[PaulLovesJamie]

I bring a cd to the police station and have them charged with theft of service. Ive done it many times, the police and the judge have no problem with it.

I'm not experienced with "what to do if the police dont care" but if they stonewall I would absolutely demand a no trespass order, and I would take them to small claims for a cleanup fee.

 

[Earl Weiss]

I bring a cd to the police station and have them charged with theft of service. Ive done it many times, the police and the judge have no problem with it.

.

Do you have signs posted concerning trash?
What fines and penalties have the courts imposed?

 

[MEP001]

I'm almost certain you'll have to catch the guy and get the police there on the property with him to have a criminal trespass warrant issued. They're done differently in some areas here in Texas, for example in Austin the owner or manager of the property has to tell the offender in front of officers that he's not welcome on the property, then they'll issue the warrant. In others, you only have to tell the cops you want the warrant, then they issue and inform. In both cases, the person will be arrested if they're on the property or seen on video on the property, and the warrant doesn't expire.

You might need to post a sign stating a large fine for leaving a mess or dumping. Cops in some areas here will gladly enforce such signs posted on private property under theft of service, which is equal to shoplifting.

Can you view your cameras remotely and watch for the guy so you can call the cops to catch him in the act? It might help if you can show them video of him driving off of a public road onto your property with no plates on his truck.

 

[mac]

I am with Johnny on this. Look, the cops are overwhelmed as it is with crime in most areas. Reporting perps who bring their garbage to your wash only pi**es them off. It may take a little deceptive work, but if you can find out who is doing this, just have a heart to heart talk with them, or as Johnny says, return the trash. I’ve done it and it felt good. Don’t waste your tax dollars having police chase dumpers.

 

[robert roman]

Issue with small claims is often a judgment that might never be collected.

So, act on stuff you have some control over.

For instance, since you know who this person is and address, I would hand deliver or send certified letter stating that such dumping is not permitted and further dumping will result in an environmental clean up fee of $1,000 per incident.

If he dumps again, clean it up and send him invoice for $1,000, net 30 days.

If he keeps it up, eventually the amount will meet criteria for litigation where total damages and the attorney fees can be recovered.

If debris has potential environmental concerns, like it contains used oil filters, tires, batteries, household A/C filters, paint cans, appliances, garbage, medical waste, drug paraphernalia turn him in to the local or state environmental agencies.

Likewise, if he is charging people money to haul and dump their trash on your property, turn him into county government for potentially operating unlicensed business.

 

[Randy]

A couple of years ago I called the police on a dumper and this nice policewoman came out. She was kind of a smart ass and after reviewing the video she said there wasn’t anything she could because the driver/dumper of the vehicle wasn’t the owner of the vehicle, the registered owner was 56 and the guy driving the truck was about 25. I ripped into her like a Marine Gunny at boot camp, called her everything but a white woman. Then told her to get off my property. Then I called the Chief of police and ripped his a$$ and told him I was going to call the news media. They decided it would be best to send the dumper a ticket for “Theft of services”. Now when I call the police it’s what can we do for you today sir and they always write a ticket. If they leave there garbage in the bay it’s “Littering” if they put their household garbage in the can its “Theft of services”. It’s too bad that it had to come to this. The police are no different than anyone else, they want to do as little as possible and still get a pay check. If they don’t want to do their job that’s fine but they should be prepared to suffer the consequences. I think if more people were call bull $hit on the police things might be better. The reason these dumpers come to the car wash is because they can and have gotten away with it for so long they know nothing is going to happen to them.

 

[Earl Weiss]

They decided it would be best to send the dumper a ticket for “Theft of services”. Now when I call the police it’s what can we do for you today sir and they always write a ticket. If they leave there garbage in the bay it’s “Littering” if they put their household garbage in the can its “Theft of services”.
As long as whatever they do result in the people stopping goal has been reached. Be interested to know what judges have done to enforce those tickets or if they get dismissed.
Have a lady lawyer suing the wash, and police department now because we called the cops on her. Time will tell how this pans out.

 

[PaulLovesJamie]

Do you have signs posted concerning trash?

No. Nor do I have signs posted concerning arson or assault or drunk driving or peeing on the sheriffs windshield or any of the other uncountable millions of laws.
Theft of service is a misdemeanor (here in PA anyway) and therefore goes on a persons permanent record.

 

[I.B. Washincars]

"Peeing on the sheriff's windshield". I forgot about that one...off to the sign shop again.

 

[soapy]

I found many of my dumpsters filled after Christmas. I gave them a pass this time. Funny how many AMazon, Target etc. boxes I found all with the peoples home address on them. I wonder if I would be considered a Secret Santa if I return all these boxes to their owners.

 

[Earl Weiss]

No. Nor do I have signs posted concerning arson or assault or drunk driving or peeing on the sheriffs windshield or any of the other uncountable millions of laws.
Theft of service is a misdemeanor (here in PA anyway) and therefore goes on a persons permanent record.

The problem is whether you can steal something that appears to be held out for use to the public free of charge.

It's like trying to have someone arrested for trespass for walking or driving across your facility if they don't buy anything. First they have to be placed on notice that this apparent permission is withdrawn.