DOG WALKER SPARKS DEBATE OVER ‘INFURIATING’ BIN DISPUTE – BUT IS IT LEGAL?

A resident of one of Australia’s most prestigious suburbs sparked a heated debate by sharing his method of disposing of his dog’s excrement while walking.

The dog owner recounted an incident where a displeased resident confronted him for placing the wrapped dog waste in a residential bin left out for garbage collection.

According to the Sydney man, he was walking his dog in Bondi when he used a bin along New South Head Road. He expressed frustration at encountering hostility for what he believed was the responsible action.

“What frustrates me most is people who become aggressive when I’m doing the right thing,” he vented in a social media post. He questioned whether residents preferred dog walkers to leave waste on the sidewalk instead.

He also queried other dog owners if they had faced similar confrontations, revealing it had happened to him on multiple occasions.

Question sparks fierce dog poo debate

Naturally, the social media post sparked a debate among Australians, reigniting a longstanding question: Is it acceptable to dispose of waste, including dog droppings, in a neighbor’s bin? And what are the legal implications?

According to Paul’s Rubbish Removal, a waste removal company in Sydney, it is not illegal to dispose of waste in a council bin placed on the street. However, trespassing onto private property to use a neighbor’s bin is against the law and could result in fines.

One online commenter noted that residential bins are typically rented and belong to the council rather than the residents themselves.

“When you place your bin out for collection, you should expect that others may deposit their rubbish in it,” they explained. “There’s not much you can do about it, so getting upset over someone else’s trash isn’t productive. Legally, there’s no grounds for action or fines against them.”

“Alternatively, you could keep it and use a public bin,” suggested another individual, prompting a response that countered, “But the council bin is public.”

“Some people prefer not to have dog waste in their bins,” added a group member, contributing to the ongoing discussion. “Personally, I own dogs but I wouldn’t use someone else’s bin—public bins in parks are fine, but not privately owned ones. It’s about manners and what feels right to me.”

Another dog owner shared her perspective, stating she was conscientious about picking up after her dog. However, she admitted frustration when fellow dog walkers deposited waste in her bin immediately after collection, before she could bring it back inside her property.

“We all use biodegradable bags now, but if dog waste sits in the bin for two weeks, it attracts maggots,” she expressed.

Is it illegal to deposit rubbish in residential bins?

According to NSW government legislation, littering is generally punishable with a maximum fine of $5000 for individuals.

However, the legislation includes an exception where depositing litter in a public place, such as a receptacle (like a bin) provided by the custodian of that place, does not incur a fine.

Since the area outside a private property is owned by the council, it qualifies as a public place. Therefore, a residential bin placed there by the council for litter disposal purposes would be considered a legitimate receptacle. Hence, it is generally not illegal or subject to fines to dispose of rubbish in such bins.

Sydney lawyer Jahan Kalantar, speaking to Yahoo News, affirmed that if a council bin is placed on the street, it is likely considered fair game for depositing rubbish. However, placing rubbish in a bin located within someone’s private yard would be inappropriate and illegal under trespassing laws.

“But it would be quite petty to prosecute for something like this,” Kalantar added. “And of course, you should make sure to use the red bin (for dog poo or waste), not the green or yellow.”

Gerald Aronstan, a lawyer, shared with Yahoo News instances where individuals had trespassed onto his property to deposit a bag into his residential bin.

“If the bag is placed into a bin on the street just before council collection, I see the issue primarily concerning the council and its sanitation workers, with a minor technical infringement regarding the homeowner,” Aronstan explained.

“What frustrates me is discovering that sometimes, after the council has emptied the bins, someone has used the opportunity to dispose of their rubbish in my bin.”

Aronstan noted that it is ultimately up to the respective council to determine whether such actions merit fines.

Waverley Council, responsible for the Bondi area, declined to comment on the matter when approached by Yahoo News Australia.