Current through 2024 Legislative Session
Section 23.1-08-06.1 - Prohibition on political subdivision ordinance regulating auxiliary containers1. Notwithstanding any other provision of law, a political subdivision may not adopt or enforce an ordinance that: a. Regulates the use or disposition of an auxiliary container;b. Prohibits or restricts an auxiliary container; orc. Imposes a fee, charge, or tax on an auxiliary container.2. This section may not be construed to prohibit or restrict: a. A curbside or commercial recycling program;b. A designated residential or commercial recycling location;c. A political subdivision from adopting or enforcing an ordinance prohibiting littering; ord. A political subdivision or a public or private facility from using or regulating an auxiliary container on property owned by the respective political subdivision or public or private facility.Added by S.L. 2019, ch. 219 (HB 1200),§ 4, eff. 8/1/2019, if the legislative council has received certification from the chief of the environmental health section of the state department of health that all authority, powers, and duties from the environmental health section of the state department of health have been transferred to the department of environmental quality. If the certification is not received by 8/1/2019, this section becomes effective on the date certification is received..