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Flagrant dumper

Had a lady (used loosely) dig through my trash. Told her to leave and throw what ever she had picked up from there back in the trash. She threw those items in the car and I grabbed them as she drove away. An hour later I got a visit from the cops saying that I assaulted her. I explained what happened then said do you want to see the video? He didn't want to see the video and said everything in the trash is public property. His explanation didn't make any sense because he basically said that all equipment there for the public to use is public property so they could remove any of my equipment and it wouldn't be theft. I for once kept my cool. I told him I didn't agree in a very polite matter. I asked for his badge # and told him I will be calling the chief because his rationale didn't make sense. I don't believe he is on the force anymore. Oh and I didnt call the chief.
 
The problem is whether you can steal something that appears to be held out for use to the public free of charge.

I researched this a number of years ago, and the law was quite clear: trash cans at a business are NOT "for use to the public free of charge." iirc, "incidental / small amounts" and "persons patronizing the business" were required. (Not actually a quote, thats my wording of my recollection.) That "free for use" thing is a very recent entitlement mentality that is being rammed down our throats.
Anybody who is not patronizing your business was a little more vague, but I specifically recall that if they "go out of their way" to use your trash cans, its 100% theft of service. Driving on to my property is going out of their way. Walking across the parking lot on their way elsewhere is not.

full disclosure, I dont prosecute every case of trash pigs, just the egregious dumpers.

FYI, there really is a simple way to prove my position. Carry a 55 gallon bag of trash into the local bank and dump it into their trash can and say very loudly "thanks for being the free town dump!" Then proceed down the street and do the same at the police station. That will clarify the law pretty darn fast.
 
Do you have signs posted concerning trash?
Earl,
when I said I dont have a sign posted that is only partially true - I did prosecute multiple people without a sign, what I meant was that a sign is not required.
However, last year I did add a sign on the top of my trash cans; specifically intending to reduce the amount of trash I get, I was not doing it to enable prosecution. It has helped:
View attachment 1052
 
throw what ever she had picked up from there back in the trash. She threw those items in the car and I grabbed them as she drove away.


I have seen many many many drug transactions take place in the carwash trash can. Maybe he did too. I can see where maybe he did and it finally got to him
 
I would post signs saying "No bagged trash. Trash receptacles only for trash incidental to cleaning vehicles. Bagged trash or loose item trash fee is $50 per bag/item."

I would then proceed with a small claims action against the dumper after his next visit. I would also consider filing a police report each time he dumps items. In many places you can file that online now.

I have only called the Sheriff on one dumper in over ten years of ownership. This was a man who drove his father's van to the car wash to dump objectionable items. Unfortunately for him, he had an outstanding arrest warrant. When the Sheriff visited his father's residence-- he was arrested and went to jail. I later got a $400 check as restitution for the cleanup.
 
I guess this incident I had is a little bit related. I once had a neighboring large corporate close-by business dump a huge pile of snow on our car wash lot even though we did not have enough room even for our own snow piles. Since they work fast ... I was lucky enough to catch specifically who it was. The guy with the dump truck told me that was where he was told to put the snow. After I explained to him I was the owner & it was an absolute "no no" he did arrange for the huge pile to be removed as quickly as it was brought. Any other snow dumping stories??? ... I know ... I know ... southern low elevation operators want to know what the heck I am talkeeeen about.
 
I did mail a bill once to a trash dumper. I enclosed a nice photo of their vehicle and the perp holding a large hefty bag of trash. I wrote that it was $20/bag fee for a total of $60 due for three bags.

I instructed them to send me a cashier's check made out to a local charity in the amount of $60. I explained I don't profit off of trash dumpers. But, if I didn't get it within ten days I would contact the Sheriff.

A week later I got the cashier's check. The charity got a donation, my perp never dumped trash again, and I didn't need to bother the Sheriff's department.

These are the only two significant trash problem examples in over ten years. Once I put up cameras, most of my trash problems went away. Not all, but most.
 
My worst dealing with a trash dumper backed up to the dumpster while I was standing right next to it, told me he was going to throw out his trash, cussed and threatened me when I told him he couldn't, then called the cops on me when I put my hand on a wrench in my back pocket. Cops showed up, issued him a criminal trespass warrant and escorted him off the property.
 
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

New update, just talk with the Pasadena police officer who originally said he was going out weeks ago. After making another complaint on Wednesday, he talked with the dumper. The dumper was told that he is illegally dumping. Dumper said he did not know that, officer told him not to return to my car wash. The officer told him that if the owner complained again and caught them on camera, that he would be arrested and a fine of $2000 would be entered. Well I'm happy that this might stop him from ever coming back it's just disappointing to taking this long and this much effort to get it to stop. Thanks for everybody suggestions. But this is the best the police will do. Better than nothing.
 
Wendy’s wash, That’s good that you were able to resolve the issue. Sometimes you have to push the authorities hard to get them to do anything. I find it rather hard to believe that the dumper didn’t know that it was against the law to dump is $hit at your car wash. Now I'm fighting with a large construction company who's driver tried to drive a semi-tractor into the car wash bay, it didn't fit, did about $3000 damage. It just goes on and on.
 
One day I found the dumpster overfilled with boxes I called the state police and started going through the boxes, when the cop got there he helped me go through them, found a name and address, he asked what I wanted, I said an apology and $80.00 for an extra dump since it was just emptied the day before. He went to their house and brought them back to the carwash, it was a younger guy and his wife driving a nice car and dressed well, both apologized and gave me $80.00 cash.
Cop said they told him they were moving and they boxed up all their unneeded belongings and took them to the wash.
Maybe you could get a container that you can lock, so you don't have the same problem again < I had one in a different location.
 
A locking dumpster helps, but some will still just pile their trash around it. I don't think anything short of standing there with a shotgun will stop it.
 
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