There was once this episode of Seinfeld, where George grabs an éclair out of the garbage can. He figured since it was on top, he could eat it. He was wrong. He later faced the shame and humiliation associated with Dumpster diving, albeit on a much lesser scale. But is this embarrassment the best punishment for digging in someone else’s garbage, or should it be worse?

After a 6-3 vote by the Sacramento City Council, shame just isn’t enough anymore. The city council made it illegal to scavenge items out of garbage cans, while before the restriction only included recycling cans. This has come in response to many people complaining of noise problems and garbage being strewn all over their property.

This is just another step in the people’s fight against foraging through garbage. Many of the city’s new cans are already stamped with the words, “Do Not Scavenge,” and of course trespassing on private property is illegal. But has the city council gone too far in its crusade against garbage exploration?

Robert Fong was one of the three council members who voted against the ordinance.

“Frankly, there are enough laws that protect property owners from unwanted intrusions, and as long as people get permission to go through our garbage, I am fine with that,” Fong said.

According to the law, if someone knocks on your door asking to go through your trash, it is legal. I don’t know about you, but I’ve never been compelled to have a conversation with a homeless person about what he can and cannot take out of my garbage cans. Even so, I’d rather have that conversation than make it illegal for him to do so. Everybody needs to eat; if some people have to resort to eating out of garbage cans, I think we can look the other way. However, they’re not talking about homeless people knocking on your door. They’re talking about the huge trash pick-up day when people can put furniture and other things out for pick up.

Fong said that the “gleaners,” or those who take out items from the cans, provide a service to the city by helping to keep more items out of the landfills. It also provides the neediest in our society a means of income.

It’s not just the homeless who are diving through our own little trash cans, however. In a Sacramento News & Review article, a midtown couple occasionally partakes in finding treasures in other people’s trash. They have acquired many expensive household items such as a leather couch and a wine rack through this now illegal act. The problem doesn’t lie with those who rummage for furniture; it’s with those who take and don’t clean up after themselves.

Part of the concern of Dumpster diving is that once the scavengers are done, garbage and other items will remain outside of the can. This will in turn attract some unwanted animals and pests in addition to creating a mess.

Another problem lies with recyclable material being stolen. The city does not receive money from the recycling of these materials. The risk of identity theft is very real as well. While it is true that identity theft is committed in this fashion, there are ways to avoid it. Buy a paper shredder, or don’t throw away materials that contain personal information. If it has to be thrown away, and there is no paper shredder handy, try mixing it in with some coffee grounds or old mayonnaise.

The biggest problem with this new ordinance is the difficulty in enforcing it. Let’s say for instance, that I hear something outside my house and go to investigate. I see someone digging through my garbage and quickly notify the police. By the time the police arrive, the perpetrators in question are most likely gone. Even if an arrest is made, it won’t likely deter them. If they’re digging through garbage, a night in jail will be a treat.

Let’s just all take a deep breath and realize how stupid this is. The police don’t need to bust Dumpster divers; they need to spend their time trying to fight real crime.

Matt Rascher can be reached at mrascher@statehornet,com