Calgary bylaw's 'Poopgate' oversight means dog doo is technically OK in your neighbour's black bin
Robson Fletcher | CBC News | Posted: April 28, 2016 7:53 PM | Last Updated: April 28, 2016
Letter of the law allows for it, but spirit of the law says otherwise, according to city officials
It's not against the law to throw a bag of dog poop in your neighbour's black bin in Calgary.
But it should be, according to collection services manager Paula Magdich. She said the city-owned black bins that are ubiquitous on residential streets and back lanes are fair game for doggie-doo disposal — at least, according to the letter of the law.
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"It's something we'll be looking at, because the spirit, really, of that provision is to keep people from putting their waste in other people's containers without their permission," Magdich told CBC News.
Her clarification comes after an online debate, dubbed #Poopgate, erupted on Twitter over the legality of what is a common practice for many dog owners and a frequent annoyance for many homeowners in the city.
The City of Calgary weighed in at one point, stating from its official Twitter account that using a neighbour's black bin in this way is only OK if the "homeowner gives you permission," and provided a link to the official bylaw.
Section 6 of that bylaw indeed asserts that "no person shall deposit waste or recyclable material in a waste container, recycling container or commercial bin" without the consent of the homeowner.
However, according to the bylaw's definitions, a black bin does not qualify as "a waste container, recycling container or commercial bin."
Rather, as some eagle-eyed Twitter users pointed out, black bins are defined as "automated collection containers."
Moreover, the bylaw's definition of "waste container" specifically "excludes an automated collection container."
Magdich confirmed that all that legalese means black bins are indeed fair game for dog owners looking to dispose of their pet's poop pronto.
"Section 6 would not apply to automated collection containers," she said, blaming the loophole on numerous revisions to the 24-page waste bylaw over "many, many years."
The rules date back to when people still used their own garbage cans, Magdich said, and a new term had to be introduced to the bylaw when Calgary moved to using city-used blue and black bins for automated collection.
Somehow, that new term wasn't caught up in Section 6, although Magdich said it ought to have been.
"The spirit of that section is really about: 'Hey, before you go and throw your waste in somebody else's container, you should get their permission,'" she said.
In general, "in the spirit of being a good neighbour," she said the city advises not to touch other people's bins unless they give you the go-ahead.
"Maybe you don't mind putting the materials — the doggie doo — in your cart, but maybe other people do mind," Magdich said.
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