Is it legal to toss something in your neighbor’s trash can in Illinois? The law
If you’ve been carrying a poop bag for a long time on your dog walk or finished a disposable drink bottle while out and about, is it legal to toss it in your neighbor’s trash can?
Depositing garbage on someone else’s property without securing permission from the owner of the garbage can is considered illegal dumping, Illinois State Police Trooper Genelle Jones confirmed to the News-Democrat.
“It is unlawful for a person to dump, deposit, or place garbage, rubbish, trash, or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property,” the relevant portion of the Illinois Criminal Code reads.
Using someone else’s garbage bin without permission can constitute theft of services, as well.
“Trash removal is a paid utility. Bins are owned by the homeowner or leased from companies like Waste Management or Republic Services,” Jones said via email. “Using them steals paid capacity.”
In addition to concerns about illegal dumping and theft of services, the act can even potentially be considered criminal trespassing if you reach into or onto a neighbor’s private property without their consent to access the bin.
What’s the penalty?
Violating Illinois’ illegal dumping provision can result in a Class B misdemeanor and carries a minimum fine of $500 for the first offense, the law says.
A person convicted of violating the dumping law is also liable for “reasonable costs” incurred by the property owner for cleaning up and properly disposing of the dumped garbage, as well as for “reasonable” attorney fees incurred, the statute stipulates.
What about littering laws in Illinois?
The Illinois Litter Control Act says it’s illegal for anyone in the state to litter. The law describes litter as “any discarded, used or unconsumed substance or waste,” such as any type of trash, cigarettes, debris, lawn waste, newspaper or other items.
The law lists a few specific examples of what’s considered littering and is thus prohibited, including leaving litter on public or private property, throwing trash into a lake or river and dumping garbage from your car onto the street.
Some of the restrictions have certain exceptions, such as if the litter is placed into an appropriate receptacle, if it’s placed somewhere dedicated for disposal, if the person is lawfully acting in an emergency situation or if the person littering is leaving trash on their own property and if doing so does not create a hazard. More details about the act’s requirements are available online from the legislature’s environmental safety section.
To help keep roads clean, the Illinois Department of Transportation recommends Illinoisans keep a container in their vehicle to collect and dispose of trash, consider utilizing reusable shopping bags and water bottles, make sure trash cans have securely attached lids and properly secure and cover loads in transport.
There is a mandatory minimum fine of $50 for those who are cited for littering from a vehicle, but much larger fines can apply in different situations. IDOT reports littering can carry up to a $1,500 fine, and violators may also be required to maintain litter control over a portion of highway for 30 days.
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