Gavin Howe
Moving someone's trash can could be considered a trespass to chattels (personal property), which occurs when there is an interference with the personal property rights of another. However, if a resident leaves their trash cans on a public street and they interfere with traffic or parking, anyone can move them out of the way. Similarly, in the case of a private lane, driveway, or off-street parking space, anyone can move items left there that interfere with the legitimate use of that space by a vehicle. Nevertheless, if trash cans are placed on private property, they should not be moved without permission.
| Characteristics | Values |
|---|---|
| Blocking traffic or parking | Anyone can move trash cans that are blocking traffic or parking |
| Private property | If trash cans are on private property, they cannot be moved without the owner's permission |
| Public street | Trash cans on a public street can be moved by anyone if they interfere with traffic or parking |
| Private lane or driveway | Trash cans on a private lane or driveway can be moved by anyone if they interfere with vehicles |
| Trespassing | Moving someone's trash can onto their property without permission may be considered trespassing |
| Nuisance | Leaving trash cans in a public area for an extended period may be considered a nuisance |
| City ordinances | Some cities have specific ordinances regarding the placement of trash cans on streets and sidewalks |
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What You'll Learn
Moving trash cans on a public street
In Los Angeles County, the law states that "no person shall place any solid waste, or any container containing solid waste, at any place of collection before 5:00 p.m. of the day preceding the scheduled collection of solid waste". Trash cans also cannot be left on the street for more than a day. If trash cans are left on the street for multiple days, they can be reported to the Department of Public Health.
If a resident leaves trash cans on a public street and interferes with traffic or parking, anyone can move them out of the way. However, if someone moves another person's trash cans from a public street onto their property, this could be considered a trespass to chattels (personal property). This occurs when there is an interference with the personal property rights of another.
In the city of Portland, it is illegal to leave trash bins in the street or on the strip of grass between the sidewalk and the street, unless it is trash day.
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Moving trash cans on private property
Firstly, it is important to understand the distinction between public and private spaces. A public street or a private lane/driveway is primarily intended for vehicular use. If trash cans are left in these areas and interfere with traffic or parking, anyone can move them out of the way to facilitate legitimate use of the space. However, a private yard, even if rented, is considered private property. Within the boundaries of local laws, zoning regulations, rental agreements, and HOA rules, individuals have the right to store their trash cans in their private yard without interference from others.
In the case of trash cans placed on public roads or curbs, individuals should be mindful of potential interference with others. If trash cans obstruct traffic or parking, anyone can move them to the side to ensure smooth vehicular flow. However, if trash cans are placed on a patch of grass between the road and the sidewalk, it may be considered trespassing for someone to enter another person's property without permission and move their trash cans. In such cases, it is advisable to communicate directly with the neighbour and request that they refrain from moving your trash cans.
Additionally, it is essential to be aware of city codes and regulations regarding trash can placement and collection. Different cities or counties may have specific rules dictating when trash cans should be placed on the street and when they need to be moved back to the property. Checking these guidelines can help individuals avoid citations or fines.
It is worth noting that leaving trash cans in public spaces for extended periods can be considered a "private nuisance." This term refers to any interference with another person's enjoyment and use of their land. Landowners or individuals in rightful possession of land have the right to unimpaired use of their property. Therefore, if trash cans are left in a manner that obstructs someone's property or causes inconvenience, it may be reasonable for the affected individual to move the trash cans to alleviate the nuisance.
In summary, while moving trash cans on private property may sometimes be necessary or permissible, it is crucial to respect the boundaries of private property, adhere to local regulations, and maintain open communication with neighbours to resolve any disputes amicably.
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Moving trash cans to prevent parking
In many places, it is illegal to use trash cans to reserve parking spaces on public streets. Trash cans are often owned by the city or a trash contractor and regulations usually state that trash cans should be removed from the street after trash day. In some cities, there are ordinances that forbid leaving trash bins in the street or on the sidewalk unless it is trash day.
If a resident leaves trash cans on the street and interferes with traffic or parking, anyone can move them out of the way. This also applies to private lanes, driveways, or parking spaces. However, a private yard is considered private property, and within the terms of local laws and agreements, the occupant can store trash cans there and expect others not to interfere.
If you encounter illegally placed trash containers, you can report them to the relevant authorities. In some cases, people have reported their neighbors for leaving trash cans on the street on non-pickup days, which has resulted in the behavior stopping. It is important to note that while you may have the legal right to move trash cans to prevent parking, it is also recommended to be cautious and prepare for potential retaliation from neighbors.
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Moving trash cans on non-pickup days
The laws regarding moving trash cans on non-pickup days vary depending on your location. In Los Angeles, for example, trash cans may not be left on the street for longer than the day of pickup. The city or county will have specific rules regarding when trash cans should be out on the street and back on the property.
In some cases, it may be permissible to move someone's trash cans from the street to the sidewalk if they are obstructing traffic or parking. A resident does not have the right to leave their trash cans on a public street if it interferes with traffic or parking, and anyone can move them out of the way. Similarly, on a private lane or driveway, anyone can move items left there that obstruct vehicular use.
However, it is important to note that moving someone's trash cans onto their private property without their consent may be considered trespassing or a public nuisance. In some cases, it may be advisable to contact public works or a relevant authority to address issues with trash cans being left on the street for extended periods.
Additionally, there may be specific time frames for putting away trash cans after collection. For instance, in certain unincorporated areas of Los Angeles County, containers should not be placed out for collection before 5:00 p.m. on the day before the scheduled pickup and should be removed by 8:00 p.m. on the day of collection or within two hours after actual collection, whichever is later.
It is always advisable to check the specific regulations in your area to understand the rules regarding the placement and removal of trash cans on non-pickup days.
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Moving trash cans and trespassing
In general, if a resident leaves their trash cans on a public street and it interferes with traffic or parking, anyone can move them out of the way. The same applies to a private lane, driveway, or parking space. However, a private yard is considered private property, and within the bounds of local laws and agreements, it can be used for storing trash cans without interference from others.
In the case of trash cans placed on a public road or street, it is generally not considered trespassing for someone to move them, especially if they are obstructing parking or traffic. However, if someone moves trash cans that are on your private property, this could be considered a trespass to chattels, or personal property. This occurs when there is an interference with the personal property rights of another, and the trespass occurs if someone without legal authority interferes with the possession of another's personal property.
For example, if your neighbour repeatedly places their trash can against your rails, inhibiting its use, this could be considered a trespass to chattels. In such cases, it is advisable to first try communicating with your neighbour to resolve the issue amicably. If that doesn't work, you may want to consider sending a formal demand letter advising them to stop interfering with your property.
It is important to note that the specific laws and regulations regarding trash can placement and movement may vary depending on your location and local ordinances. Therefore, it is always recommended to consult with a lawyer or legal expert familiar with the laws in your specific jurisdiction for more precise and personalised advice.
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Frequently asked questions
It depends. If it's not trash day, it is illegal to leave your bins on the street or the sidewalk, and anyone can move them out of the way. However, if it is trash day, it is not illegal, and moving them could be considered a trespass to chattels (personal property).
Yes, if someone's trash cans are blocking your driveway or parking space, you can move them out of the way.
Yes, if someone's trash cans are on the street and interfering with traffic or parking, anyone can move them out of the way.
If your neighbour's trash cans are on your property, they are trespassing, and you can move them back onto their property.
