IANAL.There’s an interesting twist with trash and recycle bins provided by the municipality. Since they’re provided by the municipality, they’re not public property.
“Once the bin has been placed out on the street for pick-up, if the items are removed, then the City of Bakersfield becomes the victim.”
Carruesco says thefts of items valued at less than $950 are considered misdemeanors, and can result in a range of penalties which could include a fine or jail time.
Smith says she’s seen thefts a number of times from blue bins around her neighborhood. The confrontation with the man by her bin was in late October, but just this week a neighbor saw someone going through their recycling bin.
Smith says it’s the principle of the theft, she’s not worried about the value of redeeming the bottles or cans.
“It’s up to us, we have the can, we’re supposed to be part of recycling,” she says. But, her part of that process is also a matter of principle – and that’s what she told the man she confronted.
“I told him, I’m the one that pays the CRV (California redemption value), not you. You didn’t pay that, I did,” she says.
Smith now puts both the recycling bin and the trash can inside her garage. She puts the bins out, just before they’ll be picked up.
That’s exactly what police advise.
“Keep them behind locked gates prior to putting them out on the street for pick-up,” Sgt. Carruesco said. He also said residents can call police if they see people going through the recycle bins.
Smith says she’ll stick with keeping the bins inside her garage. “Since I’ve put them in here, I feel better,” she says."
https://bakersfieldnow.com/news/investigations/taking-items-from-blue-recycle-bins-is-it-illegal
When we sold your family home years ago, we filled a 40’ trash bin what was left on the street. I saw a couple of guys inside the bin and yelled at them it was illegal to search through it. I didn’t know for sure if it was true, still don’t know, but the way I looked at it was that since they had to climb up the ladder to get into the bin, they were trespassing on the bin’s company’s property. And if they got hurt while inside, they may have been able to claim that I had something in the bin that caused the injury. Anyway, they took a couple of things, including an empty computer case and left.