Legal Question in Criminal Law in Maryland

My city has yard waste collection. The city's website states to put the waste out on the curb. I have been placing my yard waste out in the area between my driveway and the neighbors for 10 years now. It is a small area that is in front of both our properties and the neighbor puts his trash here also. This year the neighbor has called the Police 3 times complaining I put my yard waste out in front of his house. The Police harassed me about it but could find no reason to cite me or make me move it. On the third complaint a police officer filed a criminal charge stating I am harassing my neighbor by putting my yard waste out in an area that is in front of their property. Not in front of the house but part of the yard. I have contacted the city and have gotten conflicting answers. Bottom line from them is the ordinance states to put the waste out on the curb for pickup. Nothing about where exactly. So I am being charged with criminal harassment for putting my yard waste out. How can this be if I am putting my yard waste out legally? No ordinance states my yard waste can not be in front of an area not owned by me. So am I violating any ordinance or law by putting my yard waste out on the public curb when there is no ordinance stating exactly where on the curb?


Asked on 6/29/10, 8:04 am

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Anyone can be accused. Whether there is proof beyond a reasonable doubt is another matter. Perhaps the police filed charges, because your neighbor is harassing them. If your trash is in the public right of way or at least you are not trespassing, then you are probably not violating the law.

Be prepared when you go to court. Sometimes innocent people who are unfamiliar with the process and unprepared get convicted.

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Answered on 6/29/10, 11:31 am
Jason Cleckner Law Office of Jason Cleckner, LLC

I would have to see a picture of your house, and look at the ordinance, but I would be happy to give you a free consultation. I think it's despicable that the cops would even charge this, if in fact you are doing nothing else that could be considered harassment.

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Answered on 6/29/10, 12:07 pm


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