Durham, NC Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Prohibited locations
- Streets, sidewalks, parks, private property, waterways
- Consent exception
- Only with prior owner/lessee permission
- Business duty
- Must keep premises litter-free, provide receptacles
- State backup law
- G.S. 14-399 littering statute
- Penalty
- Class 3 misdemeanor, up to $50 fine/20 days
Summary
Depositing trash, garbage, debris, or any other refuse on Durham streets, sidewalks, parks, private property without the owner's permission, or into waterways is a misdemeanor citywide under Sec. 26-116, backed by a companion litter-control ordinance barring dumping in park, street, and public receptacles.
Except as otherwise provided, it shall be unlawful for any person to knowingly throw, place, drop or deposit upon any public sidewalk, street, lane, alley, drive, bridge, overpass, underpass, culvert, branch or catchbasin, or upon any grounds, walk, path, or drive appurtenant to any public building, park, recreation area or facility, or in or about any public swimming pool or facility, or upon any private property or railroad right-of-way without the previous permission of the owner or lessee thereof, any trash, garbage, dirt, rock, debris, paper, cardboard, melon rind, peanut hulls, empty carton or container, bottle, beer can, tin can, chewing gum, rag, glass, napkin, discarded food, refuse, dead animal, box, fruit or fruit peeling, vegetable, sweepings or any other litter, refuse or waste of any kind. In addition to any other remedy available in the Code, violation of this section is a misdemeanor.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Section 26-116 makes it unlawful to knowingly throw, place, drop, or deposit trash, garbage, dirt, debris, bottles, discarded food, dead animals, or any other litter, refuse, or waste on public sidewalks, streets, catchbasins, park and recreation grounds, public swimming facilities, or private property without the prior permission of the owner or lessee. Section 26-123's litter-control rules add specifics: dumping litter on public or private property you don't own is prohibited unless it goes to a designated public landfill, a private receptacle with the owner's consent, or a city-designated receptacle; placing litter around or on top of a full public receptacle is separately banned, as is dumping household or commercial solid waste in park, recreation, or sidewalk receptacles meant for pedestrian use, scattering litter from a vehicle or boat into any river, lake, pond, or stream in the city, and leaving glass, nails, or other tire-puncturing debris on roads, sidewalks, or parking facilities.
The same section bars placing fire, herbicides, chemicals, dead animals, furniture, large appliances, or construction debris in a public receptacle, and requires businesses open to the public to keep their premises litter-free and provide clearly marked receptacles. S. 14-399.
Violations & Fines
Dumping refuse on a Durham street, sidewalk, park, waterway, or private property without the owner's permission is a Class 3 misdemeanor under Sec. 26-116 and the general penalty in Sec. 1-8(a), carrying up to a $50 fine (unless the section states a higher amount) and up to 20 days in jail, with each day a violation continues counted as a separate offense under Sec. 1-8(d).
Frequently Asked Questions
Is dumping trash on someone else's property illegal in Durham?
Can I be fined for dumping into a Durham creek or storm drain?
What items can't be put in a Durham public trash receptacle?
What's the penalty for illegal dumping in Durham?
Sources & Official References
Other rules in Durham
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