On any given trash collection day, plenty of items are left at the curb for the taking, including old couches, furniture and appliances. Some consider it the ultimate recycling. But is it legal?



In Royal Oak, where there are ordinances prohibiting scavenging, the answer is no. "As soon as a resident puts their trash out, basically it belongs to the trash collection contractor," said Mayor Jim Ellison at Monday's city commission meeting.

Scavenging debate The legality of scavenging goes back to the 1980s when the Supreme Court ruled it legal in the United States and overturned a Court of Appeals ruling saying otherwise. According to the 1988 Supreme Court Ruling of California vs. Greenwood, when a person throws something out, that item is now the public domain.

The issue in that case was whether the Fourth Amendment prohibited the warrantless search and seizure of garbage left for collection outside the curtilage of a home. The decision, in part states, "It is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public."

Cities, however, have the authority to prohibit scavenging by local regulation.

Royal Oak does have a local regulation.

According to Royal Oak's Ordinance No. 633-6 titled "unlawful transportation of refuse, anti-scavenging," "it shall be unlawful for any person, firm or corporation to transport, cart, carry or convey through or over any of the streets, alleys or public places of the City of Royal Oak any garbage, unwashed refuse and unwashed food containers without the written consent of the City Manager." City receives credit for junk On Monday, the Royal Oak Commission reviewed a recommendation from the Environmental Advisory Committee to further toughen the anti-scavenging ordinance.