Fort Wayne cannot enforce a plastic bag ban or fee. Indiana Code § 36-1-3-8.6 bars all Indiana units of local government from imposing prohibitions, restrictions, fees, or taxes on auxiliary containers. The preemption (HB 1053) became law in March 2016.
Indiana Code § 36-1-3-8.6, enacted by HB 1053 in March 2016, prohibits any 'unit' (defined to include municipalities and counties) from imposing any 'prohibition, restriction, fee, or tax with respect to auxiliary containers.' 'Auxiliary container' covers bags, boxes, cups, bottles, and similar packaging in plastic, paper, cloth, polystyrene, or similar materials. The statute exempts curbside recycling programs and designated residential or commercial recycling locations. Fort Wayne never enacted a bag ordinance. The Fort Wayne–Allen County Department of Environmental Management operates Curbside Recycling and the Allen County Solid Waste Management District drop-off centers. The Solid Waste Department partners with Trex (the composite-decking manufacturer) on the NexTrex Plastic Film Recycling Challenge, which has placed bag-recycling bins at Fort Wayne Kroger, Meijer, and Walmart stores. Fort Wayne's Sustainability Office promotes voluntary diversion through education, BYOB outreach at city events, and the city's 2030 climate goals — all permissible under § 36-1-3-8.6.
Fort Wayne cannot fine retailers or shoppers for bag distribution. Bag-related litter is enforceable through Fort Wayne Code of Ordinances Chapter 96 (Solid Waste) and I.C. § 35-45-3-2 (criminal littering). Plastic bags in curbside recycling carts are a contamination issue addressed through education rather than citations.
See how Fort Wayne's plastic bag rules rules stack up against other locations.
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