Disposal of furniture and home appliances when moving?

Will I be held legally responsible for removing items from a landfill?

　Moving season will soon be upon us, but during this time we will see more and more furniture and home appliances being thrown away at garbage dumps. Among them, expensive toys that enthusiasts envy are discarded in a clean state, and some people may want to own them, but if you take an item from a garbage dump, it can be legal. Will I be held responsible? We asked Sho Wakabayashi, a lawyer at Gladiator Law Office. [Table] What is the punishment for taking things away from a garbage dump without permission?

Possibility of theft

Q.In the first place, will I be charged with a crime if I take away an item from a garbage dump? Mr. Wakabayashi: “There is a possibility that you will be charged with a crime such as theft or trespassing, or a violation of the ordinance. In general, the items that are left in the garbage dump have been thrown away by the owner (those that have abandoned their ownership rights), so take them home. However, if an ordinance stipulates that ``the municipality acquires the ownership of the items placed at the garbage dump'', the municipality may You may be charged with theft if you become the owner of the property and steal the belongings of the municipality. If you enter and bring back garbage, you may be charged with a crime of burglary, etc. Furthermore, if the ordinance prohibits taking away items from the garbage dump, the act of taking away itself is a violation of the ordinance. Garbage disposal sites may have posters such as ``Do not remove without permission'', or oversized garbage disposal tickets may have the same information written on them. It clarifies that it is a violation of the ordinance to remove items left behind.” Q. Recyclable waste such as cans, bottles, cardboard, etc., rather than general waste such as “burnable garbage” and “non-burnable garbage” In some cases, taking away is often a problem. Mr. Wakabayashi: “As with general waste, if recyclable waste is stipulated by ordinance to be the property of the municipality, it may constitute theft. As mentioned earlier, there is a possibility that it may constitute a crime such as trespassing, and if the ordinance prohibits the removal of recyclable waste, it may constitute a violation of the ordinance.” What is the punishment if Mr. Wakabayashi: In the case of theft, imprisonment with work for up to 10 years or a fine of up to 500,000 yen, and for crimes such as burglary, imprisonment with work for up to 3 years or a fine of up to 100,000 yen may be imposed. Regarding ordinance violations, for example, in Setagaya Ward, Tokyo, if you do not follow an order prohibiting the removal of items, you will be fined up to 200,000 yen, and if you have a habit of removing items, you will be fined up to 500,000 yen. Q. Have there been cases in the past where people were punished for taking away garbage? Mr. Wakabayashi: “For example, in Setagaya Ward, there was a case in which a fine of 200,000 yen was handed down for taking away about 4 kilograms of used paper, violating the Setagaya Ward Cleaning and Recycling Ordinance. According to the 2017 'Survey on Recyclable Waste Removal' report, there were 34 local governments that imposed 'fines, penalties, and non-penal penalties' for removing recyclable waste."

Otonancer Editorial Department