Are lawn bags "refuse"?

Started by GreggK2 • 21 replies • 2412 views

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GreggK2 (Kansas)
Posts: 86

Posted:

Our CC&R's state:

(r) No trash, refuse, or garbage can or receptacle shall be placed on any Lot outside a residence except after sundown of the day before or upon the day for regularly scheduled trash collection.

Some neighbors are arguing over what refuse is? For example, the trash cans cannot be put out until the night before trash collections but what about lawn and leaf bags? One neighbor is arguing that they shouldn't be put at the curb either because people (when the weather is obviously better) mow their laws on Wednesday and then put them at the curb, where they sit out until the following Tuesday.

Thoughts?

RichardP13 (California)
Posts: 3,868

Posted:

So, what are people wanting? To put their lawn clippings into lawn bags, instead of the refuse and then put on curb WHEN collected?

What happened to plain old common sense?

GreggK2 (Kansas)
Posts: 86

Posted:

The argument is, you cannot put your trash cans to the curb (or even have them out of the garages) until the night before the trash collection. However, many people put their lawn and leaf bags outside days before the trash collection. So the argument being made between some of the home owners is that lawn and leafs bags are not trash or refuse. My question was asking if it is because I honestly don't know.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Lawn clippings and leaves can be used as mulch. If you use them as mulch, they are not refuse. They are only refuse if you leave them out for pickup.

So in your example, if someone cuts and bags on Wednesday, they can leave the bags at the curb through Monday, but they must be removed before Tuesday pickup. If the bags are still out on Tuesday, then obviously, they were intended for pickup and not as mulch.

Of course, your trash police may have a different recommendation.

Sikubali jukumu. Read all posts at your own risk.

GreggK2 (Kansas)
Posts: 86

Posted:

So the question still remains, if lawn/leaf bags are being put out for collection on Tuesday, does that mean they cannot be put to the curb until Monday night, just like the trash cans? Again...the provision reads:

(r) No trash, refuse, or garbage can or receptacle shall be placed on any Lot outside a residence except after sundown of the day before or upon the day for regularly scheduled trash collection.

People are saying that lawn and leaf bags are refuse and cannot be put out at the curb until Monday night (trash day is Tuesday) just like the trash cans cannot be put outside until Monday night.

RichardP13 (California)
Posts: 3,868

Posted:

Gregg

IF the resident puts the bag at the curb, I would propose the intent is to pick up as refuse, otherwise, it would be in the backyard being used as mulch.

IMO, it would be a violation of the CCRs or the Rules. How you enforce would be determined by the scope and breath of the issue. IMO, there are bigger fish to fry.

DouglasK1 (Florida)
Posts: 2,046

Posted:

The Mirriam-Webster Dictionary web site has this definition for "Refuse":
something (such as paper or food waste) that has been thrown away : trash or garbage

So my vote is that yard waste that is to be picked up IS refuse and should be governed by the same rules as trash cans.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

If the trash collectors are to collect it, than it is trash.

KerryL1 (California)
Posts: 14,550

Posted:

Gregg cited his CC&Rs: "(r) No trash...or receptacle shall be placed on any Lot outside a residence..."

Lawn bags ARE "receptacles."

TimB4 (Tennessee)
Posts: 21,059

Posted:

Let me simply answer the question asked:Are lawn bags "refuse"?

Per Merriam-Webster, refuse is:

something (such as paper or food waste) that has been thrown away : trash or garbage
the worthless or useless part of something : leavings
trash, garbage

Even if the lawn clippings were being mulched, the resident isn't the one doing it. They are throwing it away as to them, it is the worthless or useless part of their lawn maintenance. In other words, trash.

Additionally, as others have said, the argument shouldn't be what is inside the bags. The bags are simply the container/receptacle that is containing something that will be given away.

ValK2 (Tennessee)
Posts: 65

Posted:

Quote:

Posted By GreggK2 on 02/15/2016 4:32 PM
So the question still remains, if lawn/leaf bags are being put out for collection on Tuesday, does that mean they cannot be put to the curb until Monday night, just like the trash cans? Again...the provision reads:

(r) No trash, refuse, or garbage can or receptacle shall be placed on any Lot outside a residence except after sundown of the day before or upon the day for regularly scheduled trash collection.

People are saying that lawn and leaf bags are refuse and cannot be put out at the curb until Monday night (trash day is Tuesday) just like the trash cans cannot be put outside until Monday night.

"People" are correct.

Lawn/leaf bags are refuse. You put them out on the day your refuse is collected, or on the day your "green waste" is collected if your community provides such a service.

Until that time, you keep them secreted away just as you would a trash can--in an enclosed area, or in your garage. They stink, so unless you are really dumb, you cut your grass just before pick-up day.

Leaving them by the curb for days on end until pick-up is not an option.

KevinK7 (Florida)
Posts: 1,343

Posted:

Okay, not to be lawyerly or anything but would this lawn bag be placed on the lot or down by the street on public property? For instance my lot ends at the sidewalk. The space from the sidewalk to the street are considered county right-of-ways. Now I do have to abide by municipal codes but it could be argued that that falls outside of the authority of the document (which strictly governs lots).

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KevinK7 on 02/18/2016 11:36 AM
Okay, not to be lawyerly or anything but would this lawn bag be placed on the lot or down by the street on public property? For instance my lot ends at the sidewalk. The space from the sidewalk to the street are considered county right-of-ways. Now I do have to abide by municipal codes but it could be argued that that falls outside of the authority of the document (which strictly governs lots).

It's always possible that this could be a loophole.

However, it has also been upheld (at least in parking) that even if the streets are public, the Association can restrict their members parking on them providing said restriction is within the CC&Rs. See MARYLAND ESTATES HOMEOWNERS' v. PUCKETT, which seems to be referenced in many cases in other States, seems to be the basis for enforcing parking restrictions on public streets on Associations members. What the Association may not do is prevent your guest or non-members from parking on them (but may be able to hold members responsible for seeing that their guests comply).

So, you are certainly welcome to test your theory in court.