South Carolina

Is it illegal for your SC neighbor to put their trash in your garbage can? What state law says

Can neighbors put their trash in your garbage can?
Can neighbors put their trash in your garbage can? Canva

You catch your neighbor red-handed, sneakily tossing their trash into your garbage can. It begs the question: Is that actually legal?

Maybe they did it because they didn’t want to discard their waste in their own container, or maybe they have a personal vendetta against you. Whatever the reason, as far as neighborly friendliness goes, it can be a low blow for some SC homeowners.

But hashing it out with your neighbor can leave the issue unresolved if neither of you knows the rules behind trash removal and personal property.

So let’s get into it. Here’s what South Carolina law says people can and can’t do with their trash:

What state law says

The law makes it clear what a person is allowed to do with someone else’s private property.

SC Code of Laws § 16-11-700 states that ”a person cannot dump, throw, or leave litter (including cigarette butts) on any public or private property in South Carolina, unless they have permission from the property owner.”

Public property includes places like highways, parks, beaches and streets, while private property includes stores, real estate and personal items, such as garbage cans.

Therefore, unless you told your neighbor they could use your trash can, they are not legally allowed to dump their garbage on your private property. You also can’t dump anything on a sidewalk or a planting strip abutting private property.

So if you’re uncomfortable with someone using your personal items, here’s what you can do.

How to stop illegal dumping

First and foremost, have a polite conversation with your neighbor if you catch them dumping trash in your trash can. Once their actions are confronted, you’ll likely both come to an understanding, and they’ll learn their lesson.

If you want to feel more secure and not have to worry about someone ever messing with your trash again, purchasing a lock for your trash can is an easy and affordable option. You can find cheap locks on Amazon and Walmart for less than $20.

Putting your trash can in a protected, hidden area can also save you the trouble of having to deal with pesky neighbors. Lowe’s has suggestions on their website on how to best conceal your trash can, while keeping the beauty of your front yard.

Are there consequences for illegal dumping?

Because dumping trash in someone’s garbage can is legally considered littering, a person can receive hefty fines.

Littering small items in SC, such as fast food trash and cigarette butts, can land you a $100 ticket, eight hours of community service and even 30 days in jail.

Illegally dumping trash that weighs less than 15 pounds, like a full kitchen trash bag, can land you a $150 ticket, 16 hours of community service and 30 days in jail.

Illegally dumping trash that weighs more than 500 pounds will result in a maximum fine of up to $1,000, a year of imprisonment and unlimited community service hours until the area is properly cleaned.

To avoid paying these fines, simply follow your neighbors’ wishes and don’t dump your trash on someone else’s private property if you don’t have permission.

DB
Damian Bertrand
The State
Damian Bertrand is a service journalism reporter covering South Carolina for McClatchy Media. He holds a bachelor’s degree in journalism from the University of South Carolina.
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