§ 153A-145.12. Limitations on regulations of auxiliary containers; shopping carts.

212 words·~1 min read·/nc/chapter-153a/153a-145-12

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(a)Except as provided under subsection

(b)of this section, no county may adopt an ordinance, resolution, regulation, or rule to:

(1)Restrict, tax, charge a fee, prohibit, or otherwise regulate the use, disposition, or sale of an auxiliary container.

(2)Regulate the use of shopping carts, including the imposition of a fee or fine on a business for failure to take possession of a shopping cart that was removed from the premises of the business.

(b)A county is authorized to:

(1)Operate a recycling program, a composting program, and a solid waste disposal program as authorized by law.

(2)Regulate the use of auxiliary containers on property owned or maintained by the county.

(c)The following definitions shall apply in this section:

(1)Auxiliary container. - A bag, cup, package, container, bottle, device, or other packaging made of cloth, paper, plastic, foamed plastic, fiber, expanded plastic, cardboard, corrugated material, aluminum, glass, post-consumer recycled material, or similar coated or laminated material that is designed for the consumption, transportation, or protection of merchandise, food, or beverage at a food service facility, manufacturing facility, distribution facility, processing facility, or retail facility.

(2)Shopping cart. - As defined in G.S. 14-72.3(a)(1). (2023-134, s. 5.9(d).)