[HISTORY: Adopted by the Council of the Borough of West Chester 3-11-1970 by Ord. No. 4-70. Amendments noted where applicable.]
[Amended 11-24-1987 by Ord. No. 15-1987; 1-11-1989 by Ord. No. 1-1989; 3-29-1989 by Ord. No. 8-1989; 8-8-1990 by Ord. No. 11-1990; 8-8-1990 by Ord. No. 11-1990; 8-19-1992 by Ord. No. 15-1992; 8-19-1992 by Ord. No. 15-1992; 7-21-1993 by Ord. No. 15-1993; 6-15-1994 by Ord. No. 9-1994; 11-20-2001 by Ord. No. 13-2001; 11-20-2001 by Ord. No. 13-2001; 11-20-2001 by Ord. No. 13-2001; 12-21-2005 by Ord. No. 21-2005; 5-17-2006 by Ord. No. 6-2006; 10-17-2012 by Ord. No. 20-2012; 12-19-2012 by Ord. No. 28-2012; 8-21-2019 by Ord. No. 11-2019; 5-22-2025 by Ord. No. 05-2025]
The following words and terms, as used in this chapter, shall have the meanings hereby ascribed to, unless the context clearly indicates a different meaning:
ALUMINUM CANS
All disposable containers made and fabricated primarily of aluminum and most commonly used to contain soda, beer and other beverages.
BIMETALIC CANS
Food and beverage containers which will adhere to a magnet (containers made of iron, steel or a metal alloy).
BULK RESIDENTIAL WASTE
An item of rubbish or refuse that cannot fit within a thirty-five-gallon waste container or a disposal bag or weighs more than 60 pounds. Such rubbish and refuse must be able to be safely lifted by two workers and be able to be placed into the collection vehicle. Examples of rubbish and refuse classified as bulk residential waste include, but are not limited to, appliances, furniture, bedding and rolled rugs. Such waste shall not include auto parts, batteries, tires, tree limbs, construction materials, demolition debris, items containing freon refrigerants and items containing hazardous chemicals or gases such as propane cylinders.
CORRUGATED PAPER
Any paper product formed or shaped into wrinkles or folds or into alternating ridges and grooves, including but not limited to cardboard or paperboard.
DISPOSAL BAG
The forty-gallon, blue, twist-tied bag used for the collection of municipal waste in the Borough, which shall bear an identification mark, established by the Borough, in white lettering.
DUMPSTER
A portable container of a minimum capacity of one yard in which garbage, rubbish, refuse or other discarded materials are stored, transported and disposed and which container is commonly loaded on a truck for hauling.
DWELLING UNIT
One or more rooms in a building, designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities, with no enclosed space (other than vestibules, entrances or other hallways or porches) in common with any other dwelling unit.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowls, vegetables and fruits and parts thereof (and other articles and materials ordinarily used for food and which have become unfit for such use or which are for any reason discarded), including market refuse and waste from the handling, storage and sale of produce.
GLASS
All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter or liquid, and all other material commonly known as "glass," specifically including green glass, brown glass and clear glass and specifically excluding blue glass, flat glass, plate glass and glass commonly known as "window glass."
HIGH-DENSITY POLYETHYLENE (HDPE)
A lightweight thermoplastic used in packaging and insulation, including but not limited to one-gallon plastic milk jugs.
HIGH-GRADE OFFICE PAPER
Paper products used primarily by commercial and service offices, including but not limited to stationery and copy paper.
MIXED PAPER
Any collection of recyclable papers, including but not limited to newspaper, cardboard, corrugated paper, magazines, telephone books, high-grade office paper, computer paper or junk mail.
NEWSPAPER
Paper of the type commonly referred to and known as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions, containing advertisements and other matters of public interest, specifically excluding magazines, periodicals and paper that has a shiny or waxed coated surface.
PERSON
Any natural person, association, partnership, firm or corporation, profit or nonprofit.
POLYETHYLENE TEREPHTHALATE (PET)
A lightweight, clear thermoplastic used in packagings and coatings, including but not limited to plastic soda bottles.
PRIVATE COLLECTOR
Any individual, partnership, corporation, institution or other entity, except the Borough of West Chester and/or the Borough's authorized agent, which collects garbage, rubbish or refuse from any property situate within the Borough of West Chester.
PROPERTY
Any building and/or tract held in single or separate ownership.
RECYCLABLE MATERIALS/RECYCLABLES
Those materials specified by the Borough for collection in accordance with this chapter and recycling regulations which may be promulgated from time to time. Such material may include, but shall not be limited to, aluminum cans; bimetallic cans; clean green glass, brown glass and clear glass containers; mixed paper; high-density polyethylene (HDPE); high-grade office paper; and polyethylene terephthalate (PET). The list of recyclable materials may be changed from time to time by the Borough.
RUBBISH or REFUSE
Materials considered municipal waste, including any garbage, industrial luncheon or office waste, tobacco products, solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and community activities and other materials not defined as residual, hazardous, infectious/pathological, liquids or explosive waste, construction or demolition debris or recyclable materials.
TOBACCO or TOBACCO PRODUCTS
Any form of tobacco, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco or snuff, and any material or device used in smoking, chewing or other forms of tobacco consumption, including but not limited to cigarette papers, pipes, and cigarette butts.
TOTE
A molded plastic heavy-duty wheeled refuse cart of various capacity, with a lid for the purpose of storage of municipal waste or recyclable material.
YARD WASTE
Grass clippings, garden waste, tree trimmings, tree branches less than four feet long and four inches thick, shrubbery, and other vegetative materials not specifically considered leaves.
[Amended 12-20-2004 by Ord. No. 27-2004]
No person shall dispose of rubbish, refuse or garbage in the Borough of West Chester except in accordance with this chapter. It shall be the responsibility of the property owner to make sure that all rubbish, refuse or garbage which is disposed of from his, her or its property is done so in accordance with the regulations in this chapter.
[Amended 10-9-1986 by Ord. No. 10-1986; 3-29-1989 by Ord. No. 8-1989; 7-21-1993 by Ord. No. 15-1993; 6-15-1994 by Ord. No. 9-1994; 11-20-2001 by Ord. No. 13-2001; 12-20-2004 by Ord. No. 27-2004; 12-21-2005 by Ord. No. 21-2005; 5-17-2006 by Ord. No. 6-2006; 12-19-2012 by Ord. No. 28-2012; 8-21-2019 by Ord. No. 11-2019; 5-22-2025 by Ord. No. 05-2025]
A. 
Every owner of a property which contains shared or common public areas shall be responsible for maintaining such common areas in a clean and sanitary condition.
B. 
Every occupant of a property and dwelling unit shall keep in a clean and sanitary condition that part of the property or dwelling unit which the occupant occupies and controls.
C. 
Every owner and occupant of a property or dwelling unit shall dispose of all garbage and any other organic waste which might attract insects, rodents or other varmints in a clean and sanitary manner by placing it in the disposal bags, totes, trash cans or dumpsters required by this chapter.
D. 
Garbage shall be drained free of liquids and wrapped securely in paper and shall be placed for collection, mixed with the rubbish or refuse, in the disposal bags, totes, trash cans and/or dumpsters required by this chapter. Such totes, trash cans and dumpsters shall be kept clean and disinfected.
E. 
No live coals or fire shall be placed in any container or placed out for collection.
F. 
No infectious or disease-bearing waste or rubbish, explosives or human or animal feces shall be placed in any container or placed out for collection. This restriction shall not prohibit disposal of diapers or animal waste contained in a separate sealed bag.
G. 
No pesticides, herbicides or hazardous waste, as such term is defined by federal, state, county or local law, shall be placed in any container or placed out for collection.
H. 
All municipal waste generated within the corporate limits of the Borough of West Chester shall be disposed of only in facilities designated to receive waste from the Borough in accordance with the Chester County Municipal Waste Management Plan.
I. 
It shall be unlawful to burn, whether open or contained, any garbage, rubbish or refuse, recyclable materials, leaves or yard waste as defined in this chapter.
J. 
No obstructions, such as, but not limited to, vehicles, motorcycles, bicycles, furniture or other bulk items, may be parked or stored in a location on a lot that blocks access to the disposal bags, totes, trash cans or dumpsters.
K. 
Disposal bags, totes, trash cans and dumpsters shall not be placed or stored in a location which obstructs access to alleys, roads, driveways, or parking spots.
[Amended 10-14-1970 by Ord. No. 14-1970; 1-11-1989 by Ord. No. 1-1989; 8-19-1992 by Ord. No. 15-1992; 12-20-2004 by Ord. No. 27-2004; 12-21-2005 by Ord. No. 21-2005; 8-21-2019 by Ord. No. 11-2019; 5-22-2025 by Ord. No. 05-2025]
A. 
All properties which generate a maximum of two thirty-five gallon totes or trash cans plus four or fewer disposal bags per week of garbage, rubbish and refuse shall be required to receive garbage, rubbish and refuse collection once each week by the Borough or its authorized agent. Those properties which generate more than two thirty-five-gallon totes or trash cans plus more than four disposal bags per week for the disposal of garbage, rubbish and refuse shall be required to employ a private collector to collect such property's garbage, rubbish and refuse in accordance with § 62-8 of this Chapter. When it is determined by the Director of Public Works that the amount of garbage, rubbish and refuse set out by a property for public collection exceeds the equivalent of two thirty-five-gallon totes or trash cans plus more than four disposal bags per week for the disposal of garbage, rubbish and refuse on a regular basis, the Director of Public Works shall notify the property owner that the Borough will cease further collections for that property and that the property owner will be required to make arrangements to have a private collector assume such collections pursuant to the regulations in § 62-8.
B. 
Combined garbage, rubbish or refuse shall be collected from each property required to use public collection once per week.
C. 
Garbage, rubbish or refuse shall be stored and placed out for collection in a tote or trash can which shall not exceed a capacity of 35 gallons. A disposal bag shall be used on a collection day when the quantity of garbage, rubbish or refuse exceeds two thirty-five-gallon totes or trash cans; provided, however, that no more than four disposal bags may be used at any one collection time. A disposal bag shall be set out on a collection day outside of a sealed tote. A disposal bag may be purchased at the Borough at a cost to be established by Council from time to time by resolution. The disposal bag shall be securely tied and sealed at the time of collection.
D. 
All totes and trash cans shall be closed with tight-fitting lids which are weatherproof, varmintproof and insectproof. The lid shall not, however, be roped, chained or permanently affixed to the container unless hinged by the factory.
E. 
All totes and trash cans must contain the street address and unit number, where applicable, of the owner in clear, legible and conspicuous writing on the outside of the container.
F. 
Any garbage, rubbish or refuse that is not contained and/or placed in a disposal bag, tote or trash can will not be collected by the Borough. The Borough may refuse to collect garbage that is undrained, unwrapped or improperly contained.
G. 
Garbage, rubbish and refuse shall be collected from the curb on the days specified by Borough regulations. Where a property abuts an alley, the aforesaid collection shall be at the alleys. Disposal bags, totes and trash cans shall be set out not later than 6:00 a.m. on the day of collection. Disposal bags, totes and trash cans shall not be set out earlier than 6:00 p.m. of the day preceding collection. Empty totes and trash cans must be stored on the property in the locations specified below not later than 12:00 midnight of collection day. Empty totes and trash cans shall be removed from the collection site and stored on the property as follows:
(1) 
If trash is collected from a street in front of the property. In a location which is not visible from the public street(s) in front of the property. If there is no location available which is not visible from the public street in front of the property, an alternative location may be approved by the Borough's Department of Public Works.
(2) 
If trash is collected from the rear of the property. In a location which is: (i) a minimum of five feet from the edge of the asphalt with screening on at least two sides; (ii) 20 feet from the edge of the asphalt if no screening is provided; or (iii) inside any garage or other enclosed building. If there is no location available which complies with this requirement, an alternative location may be approved by the Borough's Department of Public Works.
H. 
No tote or trash can, including the contents thereof, shall exceed 60 pounds. No disposal bag shall exceed 40 pounds.
A. 
The Borough or its authorized agent will provide for the collection of bulk residential waste during the first full week of each month on regular trash collection days. During bulk collection periods, all properties which qualify for public collection of waste shall be permitted to place one item of bulk waste for collection.
[Amended 10-9-1986 by Ord. No. 10-1986; 6-15-1994 by Ord. No. 9-1994; 12-20-2004 by Ord. No. 27-2004; 5-17-2006 by Ord. No. 6-2006; 6-27-2007 by Ord. No. 11-2007]
B. 
From early November through the middle of December, the Borough will conduct a six-week residential leaf collection program. During these six weeks, the areas north of Market Street shall be collected Mondays and Tuesdays. The areas south of Market Street shall be collected Wednesdays and Thursdays. Each neighborhood will be given three collection periods, the map and schedule for which will be advertised by the Borough. Residents shall not pile up leaves for curbside collection until the last week of October. No leaves shall be placed out for collection after the Sunday before the final collection week in the middle of December. The Borough will not collect leaves after the final scheduled collection week in the middle of December. To dispose of leaves any time other than during the scheduled collection season, bagged leaves shall be delivered and dropped off at a designated leaf/yard waste collection site. The Borough will not collect leaves that are mixed with tree limbs, branches, yard waste or household rubbish.
[Amended 8-8-1990 by Ord. No. 11-1990; 11-20-2001 by Ord. No. 13-2001; 12-19-2012 by Ord. No. 28-2012]
C. 
Christmas trees shall be collected by Borough forces the first two weeks following New Year's Day.
[Amended 11-20-2001 by Ord. No. 13-2001]
D. 
Construction refuse will not be collected by Borough forces.
E. 
[1]The Borough shall establish a yard waste collection site where yard waste and leaves may be dropped off.
[Added 11-20-2001 by Ord. No. 13-2001]
[1]
Editor’s Note: Former Subsection E, regarding tree limbs over four feet in length mixed with rubbish, added 7-21-1993 by Ord. No. 15-1993, as amended, was repealed 12-19-2012 by Ord. No. 28-2012, which ordinance also redesignated former Subsection F as Subsection E.
[Amended 8-21-2019 by Ord. No. 11-2019]
No person owning or occupying any building, lot or premises shall allow any garbage, waste, refuse, rubbish, tobacco products, or abandoned vehicles to collect or remain upon said property, or on any shared or common public areas such as the sidewalk in front of or adjacent to the property; provided, however, that this prohibition shall not be construed as interfering with construction under a valid permit during the course of construction and within a reasonable time thereafter or the piling of wood neatly for fireplace or kitchen use. No garbage, refuse or rubbish tobacco products or abandoned vehicles shall be permitted to accumulate on the ground nor be deposited on highways, streets, alleys, sidewalks, vacant lots or public grounds nor be thrown into a stream or other body of water.
[1]
Editor's Note: Former § 62-7, Licensing of private collectors, as amended, was repealed 5-17-2006 by Ord. No. 6-2006.
[Added 1-11-1989 by Ord. No. 1-1989[1]; amended 11-22-1989 by Ord. No. 27-1989; 8-8-1990 by Ord. No. 11-1990; 1-23-1991 by Ord. No. 2-1991; 8-19-1992 by Ord. No. 15-1992; 6-15-1994 by Ord. No. 9-1994; 5-17-2006 by Ord. No. 6-2006; 1-20-2010 by Ord. No. 3-2010; 5-28-2014 by Ord. No. 5-2014; 8-21-2019 by Ord. No. 11-2019; 5-22-2025 by Ord. No. 05-2025; 5-20-2026 by Ord. No. 02-2026]
A. 
Persons required to avail themselves of the use of private collectors shall have at least one collection per week or more often as necessary to protect the public health and safety, with more frequent collection if, in the opinion of the Borough Code Enforcement Officer, the public health and safety so require. The Borough will not collect any garbage, rubbish or refuse from properties which are required to employ a private collector.
B. 
Any property which generates more than the equivalent of four ninety-six-gallon totes or trash cans per week for the disposal of garbage, rubbish and refuse shall be required to use a dumpster with a minimum capacity of two cubic yards provided by the owner of the property.
C. 
The maximum number of totes that may be used for the collection of recyclable materials shall be one ninety-six-gallon tote or trash can for every two totes used for trash. In the case where the owner is required to use a dumpster with a minimum capacity of two cubic yards, the maximum number of totes that may be used for the collection of recyclable materials shall be two ninety-six-gallon totes or trash cans.
D. 
All totes, trash cans and dumpsters utilized by private collectors for the collection of garbage, rubbish and refuse and recyclable materials as required by this chapter shall comply with the regulations set forth in this chapter and shall be located on private property. Dumpsters shall be in an area enclosed by fencing and screening to a height at least one foot higher than the dumpster. The screening shall be constructed of metal, wood or such other material as to completely hide the dumpster(s) from view and shall be further constructed to prevent access to the dumpster(s) by animals. The fencing and screening shall at all times be maintained in good repair.
E. 
The fencing and screening of dumpsters as required by Subsection D hereof shall be completed within 90 days of the effective date hereof. Persons who are unable to comply with the screening and fencing requirements may file a written request for an exception thereto with the Borough's Director of Public Works. The Director of Public Works shall meet with the property owner and attempt to find a suitable alternative to screen the dumpster(s). If the Director of Public Works and the property owner cannot agree upon a reasonable alternative to screen the dumpster(s), the property owner may seek approval of an exception to the screening requirements by the Public Works Committee of the Borough. The person seeking the requested exception shall bear the burden of demonstrating inability to comply with the requirements of this chapter.
F. 
Private collectors shall be permitted to collect, remove and transport garbage, rubbish and refuse within the Borough of West Chester on all days of the week, except Sunday and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
G. 
Where the properties abut an alley, garbage, rubbish and refuse shall be collected from the alley. Totes and trash cans shall not be set out earlier than 6:00 p.m. of the day preceding collection. Empty totes and trash cans must be stored on the property in the locations specified below not later than 12:00 midnight of collection day. Empty totes and trash cans shall be removed from the collection site and stored on the property as follows:
(1) 
If trash is collected from a street in front of the property. In a location which is not visible from the public street(s) in front of the property. If there is no location available which is not visible from the public street in front of the property, an alternative location may be approved by the Borough's Director of Public Works.
(2) 
If trash is collected from the rear of the property. In a location which is: (i) a minimum of five feet from the edge of the asphalt with screening on at least two sides; (ii) 20 feet from the edge of the asphalt if no screening is provided; or (iii) inside any garage or other enclosed building. If there is no location available which complies with this requirement, an alternative location may be approved by the Borough's Director of Public Works. Unless otherwise authorized by the Director of Public Works, the collection of garbage, rubbish and refuse shall not commence before 6:00 a.m. and may not continue after 6:00 p.m.
H. 
Private collectors shall operate their vehicles within the Borough of West Chester so as to cause the least possible disruption to traffic flow on Borough streets.
I. 
Private collectors who operate within the Borough must offer to all residential, commercial, institutional, municipal establishment and community activity customers the pickup of high-grade office paper, corrugated cardboard, newspaper, plastic containers Nos. 1 through 7, aluminum cans, green glass, brown glass, clear glass and bimetallic/steel cans.
J. 
All persons who collect municipal waste or recyclables in the Borough shall submit an annual report to the Borough on forms provided by the Borough stating the following:
(1) 
The report shall contain a list of all establishments in the Borough, including street addresses for which the waste hauler collected municipal waste and/or recyclables.
(2) 
The report shall give the total weight of municipal waste and the total weight of each recyclable material collected by the waste hauler in the Borough.
(3) 
The report shall be submitted to the Borough each year no later than February 1 and shall include the information required in Subsection J(1) and (2) for the immediately preceding calendar year.
(4) 
Failure to file the required report in a timely manner shall subject the waste hauler to the penalties as provided in this chapter.
[1]
Editor's Note: This ordinance also redesignated §§ 62-8, 62-9, 62-10 and 62-11 as §§ 62-9, 62-10, 62-11 and 62-12, respectively.
[Added 11-24-1987 by Ord. No. 15-1987[1]; amended 1-11-1989 by Ord. No. 1-1989; 8-8-1990 by Ord. No. 11-1990; 3-16-2005 by Ord. No. 6-2005; 5-17-2006 by Ord. No. 6-2006; 5-22-2025 by Ord. No. 05-2025]
A. 
All dumpsters that are used for construction projects in the Borough must comply with the regulations in this section.
B. 
No dumpster used shall be placed or located within any public right-of-way within the Borough by any person unless such person first obtains a permit therefor from the Director of Public Works. Permits may be applied for at the Public Works Department.
C. 
Each permit shall be valid for a period of 30 days from the date of its issuance. Dumpster permits shall be renewable for a period not to exceed 30 days from initial placement, unless after written request, the Director of Public Works authorizes a renewal of the permit for an additional period that the Director, in his sole discretion, deems reasonable and necessary. In addition, there will be a parking fee (per space occupied) for any dumpster that is located in a metered parking space. The fee for the permit and the parking fee, if applicable, shall be paid to the Borough in accordance with a Schedule of Fees, which shall be established and may be amended from time to time by resolution of the Borough Council. The Schedule of Fees shall be kept on file at the office of the Borough Manager.
D. 
A dumpster shall be located in such a manner that it does not obstruct or interfere with the passage of vehicular or pedestrian traffic.
E. 
A dumpster must be equipped with a workable lid and reflectors or reflective tape on both ends and along the outer edges adjacent to a right-of-way. Reflectors shall be a minimum of three inches in diameter, and reflective tape shall be a minimum width of two inches. If reflectors are used, a minimum of three shall be affixed to both ends, and a minimum of four shall be affixed on the sides. If reflective tape is used, the tape shall be a minimum of three feet in length on both the ends and the sides.
F. 
The name, address and telephone number of the owner of the dumpster shall be conspicuously displayed thereon.
G. 
No garbage, rubbish, refuse or other discarded materials or waste, including but not limited to solid and liquid waste, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase of serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment, shall be placed in a dumpster by any person.
H. 
Every dumpster must be watertight, and every dumpster and every dumpster area must be kept and utilized in a safe, clean and orderly manner and in such a manner as to minimize dust. The dumpster lid shall remain closed except when waste, garbage, rubbish, refuse and other discarded materials and waste are being loaded into the dumpster.
I. 
A dumpster shall be promptly removed when it is full.
J. 
The Director of Public Works may revoke any permit for a dumpster if any person fails to comply with the regulations and requirements of this section. In addition, any dumpster which is in noncompliance with the regulations of this subsection may be removed by the Borough of West Chester, at the owner's expense, if the noncompliance is not remedied within 24 hours of notice of noncompliance.
K. 
The Director of Public Works may impose such additional requirements, rules and regulations as he determines to be necessary in the administration of this section.
[1]
Editor's Note: This ordinance also redesignated former § 62-10 as § 62-11.
[Added 3-29-1989 by Ord. No. 8-1989[1]; amended 8-8-1990 by Ord. No. 11-1990; 8-8-1990 by Ord. No. 11-1990; 1-23-1991 by Ord. No. 2-1991; 8-19-1992 by Ord. No. 15-1992; 7-21-1993 by Ord. No. 15-1993; 11-20-2001 by Ord. No. 13-2001; 11-20-2001 by Ord. No. 13-2001; 1-20-2010 by Ord. No. 3-2010; 3-20-2012 by Ord. No. 4-2012; 12-19-2012 by Ord. No. 28-2012; 5-22-2025 by Ord. No. 05-2025]
A. 
Applicability. The provisions of this section establishing a recycling program shall be applicable to all persons and properties who have their garbage, rubbish and refuse collected by either public or private collectors as per the terms of this chapter.
B. 
Recyclable materials. The residential, commercial, institutional, municipal establishment and community activity customers and other persons who are entitled to have their recyclables collected by the Borough or its authorized agent shall prepare and place for collection mixed paper, aluminum cans, green glass, brown glass, clear glass, bimetallic cans and plastic containers Nos. 1 through 7. All residential, commercial, institutional, municipal establishment and community activity customers and other persons who are required to utilize private collectors shall prepare and place for collection by the private collectors high-grade office paper, corrugated cardboard, newspaper, aluminum cans, green glass, brown glass, clear glass, plastic containers Nos. 1 through 7, and bimetallic/steel cans. The Borough may from time to time, upon public notice, delete or add to the list of recyclables for collection by the Borough and/or private collectors.
C. 
Manner of separation, preparation and placement for collection. All persons or properties to whom the provisions of this section are applicable shall separate, prepare and place for collection the designated recyclable materials in the manner set forth hereinafter:
(1) 
Mixed paper, glass, aluminum cans, bimetallic cans and plastics Nos. 1 through 7 shall be separated from other garbage, rubbish or refuse, drained free of all food, liquid or other substances and placed together in containers provided by the Borough or placed in other suitable containers not less in size than five gallons nor more than 30 gallons, and which do not exceed 50 pounds in weight.
(2) 
(Reserved)
(3) 
(Reserved)
(4) 
Yard waste shall be separated and placed out for curbside collection or dropped off at a designated yard waste collection site.
D. 
Date and place of collection. All recyclable materials shall be placed for collection at the same place, days and times as regular collection for garbage, rubbish and refuse as specified in §§ 62-4 and 62-8 of this chapter. The containers used for recyclable materials shall be stored in the same locations as the totes, trash cans and dumpsters and must be stored as specified in §§ 62-4 and 62-8 of this chapter.
E. 
Rules and regulations. The Director of Public Works of the Borough is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the separation, preparation, placement and collection of the recyclable materials; provided, however, that such rules and regulations shall be approved by the Council of the Borough of West Chester.
F. 
Collection by unauthorized persons prohibited.
(1) 
From the time of placement of the recyclable materials at the curb or other designated place for collection by the Borough pursuant to the provisions of this chapter and any rules and regulations adopted hereafter, the recyclable materials shall become and be the property of the Borough.
(2) 
It shall be a violation of this chapter for any person not duly authorized by the Borough to collect or pick up or cause to be collected or picked up any recyclable materials placed at the curb or other designated place for collection by the Borough pursuant to the provisions of this chapter. Any and each such unauthorized collection in violation hereof from one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided in this chapter.
G. 
The owner of any rooming house or building containing apartment unit(s) and/or his responsible local agent (as defined in Chapter 66 of the Code of the Borough of West Chester, entitled "Housing and Property Maintenance") shall provide recycling containers for the recyclable materials designated for collection and shall further advise tenants of the rules, regulations and requirements of the Borough's recycling program and the tenant's duties and responsibilities thereunder.
H. 
The owner of any rooming house or building containing apartment unit(s) and/or his responsible local agent (as defined in Chapter 66 of the Code of the Borough of West Chester) shall incorporate into any lease entered into or renewed after the effective date of this amendment a clause requiring all tenants to comply with the provisions of this chapter, as amended.
I. 
Owners and their agents of all buildings shall be required to notify their tenants of the provisions of this chapter and ordinance by posting, in common areas and by first class mail. A copy of each notice shall be filed with the Borough Manager.
J. 
All materials collected by the Borough as part of this recycling program shall be recycled and not directed to a facility designated to receive municipal waste.
[1]
Editor's Note: This ordinance also redesignated former § 62-12 as § 62-13.
[Added 8-8-1990 by Ord. No. 11-1990;[1] amended 8-19-1992 by Ord. No. 15-1992]
In addition to the recycling requirements established in § 62-12B, all commercial, institutional and municipal establishments and community activities shall establish a recycling program for and shall recycle high-grade office paper, corrugated paper and leaf waste. However, nothing in this chapter shall require either the Borough or private collectors to provide collection of high-grade office paper or corrugated paper.
[1]
Editor's Note: This ordinance also repealed former § 62-13, Violations and penalties, as amended. See now § 62-14.
[Added 8-8-1990 by Ord. No. 11-1990; amended 3-17-1999 by Ord. No. 5-1999; 9-20-2006 by Ord. No. 16-2006; 8-21-2019 by Ord. No. 11-2019]
A. 
It shall be a violation under this chapter for any public or private collector to mix recyclables with refuse.
B. 
In any case where any person violates or permits the violation of any provision of this chapter, the Borough shall send a notice of violation to the property owner of the property at which a violation exists advising of the specifics of the violation and ordering the property owner to pay a fine of $30 for a first offense, $50 for a second offense, and $100 for a third offense payable to the Borough of West Chester within seven days. Any fourth or subsequent violation will result in the automatic issuance of a citation with a fine of not less than $200 and not more than $1,000, which will be filed at District Court. If the property owner fails to pay the fine within seven days of issuance of the notice of violation, the Borough shall issue a citation to the property owner who shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $50 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days.
C. 
If any person who has violated or permitted the violation of any provision of this chapter further fails, neglects, or refuses to fully abate the violation within 24 hours of being issued a notice of violation, the Borough shall issue a citation to the owner who shall, upon conviction thereof in a summary proceeding brought before a District Judge, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $50 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Judge of not less than $50 and not more than $1,000, plus the costs of prosecution, and, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term not more than 30 days.
[Added 10-17-2012 by Ord. No. 20-2012]
A. 
No person shall throw or deposit any garbage, rubbish, refuse, tobacco product, or yard waste, solid waste, prohibited waste, or waste matter, or cause the same to be thrown or deposited, upon any street, sidewalk, alley, gutter, park or other public way, or throw or deposit the same in or upon any premises or vacant lot or in any body of water, or store or keep the same, except in suitable containers as required by this chapter or in litter baskets as supplied by the Borough. Where the Borough has supplied litter baskets, no person shall use the litter baskets for the disposal of large volumes of solid waste.
B. 
Any person who violates or permits the violation of this section shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a maximum fine of $100. The defendant shall also be liable for all court costs, including reasonable attorney fees incurred by the Borough. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days.