Milwaukee cannot enforce a plastic bag ban or fee. Wis. Stat. § 66.0419 bars any 'political subdivision' from enacting an ordinance regulating, prohibiting, or fee-charging the use, disposition, or sale of auxiliary containers. The statute carves out only a city's own property.
Wis. Stat. § 66.0419(2) provides: 'No political subdivision may do any of the following: (a) Enact or enforce an ordinance or adopt or enforce a resolution regulating the use, disposition, or sale of auxiliary containers. (b) Prohibit or restrict auxiliary containers. (c) Impose a fee, charge, or surcharge on auxiliary containers.' 'Auxiliary container' is defined to include 'a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material.' Subsection (3)(b) carves out a single exception: the restrictions do not apply to auxiliary containers 'on property owned by the political subdivision.' The statute was enacted by 2015 Wis. Act 302. Madison and Milwaukee both had bag-fee proposals in 2015 that were withdrawn after § 66.0419 became law. Milwaukee Department of Public Works operates the Sanitation Division (curbside recycling — no plastic bags) and the Self-Help Centers (Lincoln, Mitchell, and West Mill Road). The Milwaukee Climate and Equity Plan emphasizes voluntary diversion within § 66.0419 limits.
Milwaukee cannot fine retailers or shoppers for bag distribution. Bag-related litter is enforced through Milwaukee Code of Ordinances Chapter 79 (Sanitation) and Wis. Stat. § 287.81 (criminal littering, $10–$500 fine). The city may still regulate plastic bags on city-owned property under the § 66.0419(3)(b) carve-out, such as banning single-use plastics at Milwaukee Park events or in city vendor contracts.
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