Let's talk trash: It's a criminal offense

Our friend, Karen Fox, writes:

Every year, residents of Birmingham pay their fair share of city taxes. Some of the money pays for necessary services like police, fire and emergency, education and infrastructure development. This probably comes as no surprise.

But what might surprise you is to learn that your tax money also supports the salaries of code inspectors who drive up and down the streets of Birmingham to monitor when you put your trash on the curb and when you remove your trash cans, if you use them.

Fellow citizens, let’s talk trash.

Did you know that you are committing a “criminal offense” if you put your trash outside more than 12 hours prior to the established pickup time or leave your trash cans after the 24 hour after pickup time? As ridiculous as it sounds, it’s a fact, and I learned the hard way.

My “crime” was putting my garbage outside a day before the 12-hour pick up time because I was leaving for a two-week business trip. Of course I had no idea my action would result in a citation accusing me of a criminal offense. While I unsuccessfully tried to resolve this issue with the City of Birmingham, I also found out what else our taxes pay for -- contractor fees to pay the prosecuting attorney, a non-city employee, to prosecute residents that commit such horrific criminal offenses.

With no recourse, I was forced to hire an attorney to help make sure I didn’t end up with a criminal record as I headed to court for judgment day. My citation was reduced to a driving violation for “impeding traffic,” and my sentence was to pay a $135 fine. While the amount may not be large, the absurdity of this situation is gigantic.

So let’s think about this. Residents of Birmingham pay more taxes compared to many other cities around the country. Why? Apparently so we can pay city employees and contracted prosecuting attorneys to take us -- the taxpayers -- to court for putting trash out a day early.

Should residents be allowed to put their garbage out whenever they want, for as long as they want? Of course not! Understandably, neighbors don’t want to see garbage sitting on the curb for days on end. However, putting trash out one day early certainly shouldn’t be considered a criminal offense. There are pedophiles, drug dealers, drunk drivers and murderers roaming the streets, while precious resources are wasted to prosecute people whose only offense is a trash can violation. Shouldn’t our tax dollars be put to better use?

Quite frankly, the whole situation is just garbage!
Posted by on 07/18 at 02:08 PM

  1. Perhaps you have not lived across the street from someone who regularly takes their trash to the curb at least two or three days before their scheduled pick up, which is usually then torn apart by dogs that walk by off leash, then leaves their empty and smelly cans for days at a time. I commend the city for enforcing a law that maintains a healthy environment for all.

    I’m sure you must have recieved several warnings before being cited. Lets all break the rules just a little bit and no one will notice.

    Posted by a neighbor  on  07/20  at  06:29 AM

  2. We’ve been in this situation a few times in our 10 years in B’ham.  Leaving on a vacation, we move our trash to the curb (in cans with locking lids) up to a full 24 hours (gasp!!) before the scheduled pickup times.  We also arrange for a neighbor to bring the empty cans to the back of the house after pickup.  I would be extremely annoyed and disappointed to have this result in a $135 fine.

    The incident that the writer went through sounds more like a large impersonal city driven by bureaucratic rule rather than a small-town, let’s not sweat the small stuff, attitude that we prefer.

    As we try to attract new families to the hundreds hundreds thousands of homes for sale, we’ll have more luck telling prospective homeowners that they’re moving to a community where neighbors help each other out rather than a community where roaming code-enforcement officers ensure that they’ll never encounter garbage cans left out too long.

    Posted by Another Neighbor  on  07/21  at  05:50 AM

  3. What city do you live in?

    “sounds more like a large impersonal city driven by bureaucratic rule rather than a small-town, let’s not sweat the small stuff, attitude that we prefer.”

    I have lived in big cities and this city and I definately have to say that not many people in this city have the “let’s not sweat the small stuff” attitude...it’s more like let’s sweat over absolutely everything.  However, our city looks the way it does because of the strictly enforced rules...which i really don’t mind at all.

    Posted by  on  07/22  at  06:50 AM

  4. Neighbor,

    While you were sure I must have received several warnings before being cited, sadly, I didn’t. Regarding your other point, I don’t think residents should leave their garbage out for days on end, which I noted in my article.  What I find more interesting is, if I got cited without receiving several warnings, why hasn’t the person that lives across the street from you received a citation if this is a habitual problem?

    Posted by Karen  on  07/23  at  02:35 PM

  5. SERIOUSLY?  Don’t we have more going on in our lives and cities to have these kinds of crazy laws?  Does one get a booklet in the mail when they move in stating you can’t put your trash cans out more than 24 hours in advance?  This is an insane citation and so unneccesary - why do we put our fellow citizens through these type of measures and red tape?  Sounds like the code-enforcer needs something else to do with his idle time then watching the clock on trash cans!!

    Posted by  on  07/30  at  12:32 PM

  6. Was that a criminal offense or a City “code” violation?

    At least you do not have (a no doubt also highly paid code enforcement officer) issuing warnings to remove pumpkin plants, pumpkins from porches, or demanding that historic trees be chopped down, just to suit the “aesthetics police.”

    Posted by  on  08/01  at  04:57 PM

Previous entry: Number 63-BULLETIN-Nov. 4, 2003

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