(a) A local government shall not adopt or enforce a resolution, ordinance, policy, or regulation that:

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Terms Used In Tennessee Code 7-51-2002

  • Auxiliary container: means a bag, cup, bottle, can, device, eating or drinking utensil or tool, or other packaging, whether reusable or single use, which is:
    (A) Made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, post-consumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates. See Tennessee Code 7-51-2001
  • Local government: means a county, municipality, or county with a metropolitan form of government. See Tennessee Code 7-51-2001
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Venue: The geographical location in which a case is tried.
(1) Regulates the use, disposition, or sale of an auxiliary container;
(2) Prohibits or restricts an auxiliary container; or
(3) Enacts a fee, charge, or tax on an auxiliary container.
(b) Subsection (a) must not be construed to restrict:

(1) A curbside recycling program;
(2) A designated residential or commercial recycling location;
(3) A commercial recycling program;
(4) The use of an auxiliary container on property owned by a local government; or
(5) The regulation of auxiliary containers at an event, concert, or sports venue owned by a private or public entity or at an event managed by a local government.
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