Borough of West Chester, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of West Chester 3-11-1970 by Ord. No. 4-70. Amendments noted where applicable.]
GENERAL REFERENCES
Refuse Disposal Authority — See Ch. 29.
Brush, grass and weeds — See Ch. 41.
Fire prevention — See Ch. 57.
Housing and property maintenance — See Ch. 66.
Abandoned refrigerators — See Ch. 85.
Sewers — See Ch. 89.
Streets and sidewalks — See Ch. 95.
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.[1]
[Added 3-29-1989 by Ord. No. 8-1989]
BIMETALIC CANS
Food and beverage containers which will adhere to a magnet (containers made of iron, steel or a metal alloy).
[Added 8-19-1992 by Ord. No. 15-1992]
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.
[Added 6-15-1994 by Ord. No. 9-1994; amended 5-17-2006 by Ord. No. 6-2006]
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.
[Added 8-8-1990 by Ord. No. 11-1990]
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.
[Added 12-21-2005 by Ord. No. 21-2005; amended 5-17-2006 by Ord. No. 6-2006]
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.
[Added 11-24-1987 by Ord. No. 15-1987]
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."
[Added 3-29-1989 by Ord. No. 8-1989]
HIGH-DENSITY POLYETHYLENE (HDPE)
A lightweight thermoplastic used in packaging and insulation, including but not limited to one-gallon plastic milk jugs.
[Added 8-8-1990 by Ord. No. 11-1990]
HIGH-GRADE OFFICE PAPER
Paper products used primarily by commercial and service offices, including but not limited to stationery and copy paper.
[Added 8-8-1990 by Ord. No. 11-1990]
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.
[Added 11-20-2001 by Ord. No. 13-2001]
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.
[Added 3-29-1989 by Ord. No. 8-1989]
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.
[Added 8-8-1990 by Ord. No. 11-1990]
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.
[Added 1-11-1989 by Ord. No. 1-1989; amended 7-21-1993 by Ord. No. 15-1993]
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.
[Added 3-29-1989 by Ord. No. 8-1989; amended 8-8-1990 by Ord. No. 11-1990; 8-19-1992 by Ord. No. 15-1992; 11-20-2001 by Ord. No. 13-2001]
RUBBISH or REFUSE
Materials considered municipal waste, including any garbage, industrial luncheon or office waste, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, and other materials not defined as residual, hazardous, infectious/pathological, liquids or explosive waste, construction or demolition debris or recyclable materials.
[Amended 7-21-1993 by Ord. No. 15-1993; 11-20-2001 by Ord. No. 13-2001 ]
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 and pipes.
[Added 10-17-2012 by Ord. No. 20-2012]
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.
[Added 11-20-2001 by Ord. No. 13-2001; amended 12-19-2012 by Ord. No. 28-2012]
[1]
Editor's Note: The former definition of "ashes," which immediately followed this definition, was repealed 1-11-1989 by Ord. No. 1-1989.
[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.
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.
[Amended 12-20-2004 by Ord. No. 27-2004]
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by this chapter.
D. 
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 62-3 of this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
E. 
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 waterproof covered containers. Such containers shall be kept clean and disinfected. The Borough may refuse to collect undrained garbage of a liquid or semiliquid nature, unwrapped or improperly contained.
F. 
Rubbish or refuse shall be stored and placed out for collection in waterproof metal or plastic containers with handles which shall not exceed a capacity of 35 gallons. All containers shall be provided with tight-fitting lids which are windproof, ratproof and flyproof. The lid shall not, however, be roped, chained or permanently affixed to the container unless hinged by the factory. All containers must contain the street address of the owner in clear, legible and conspicuous writing on the outside of the container. Any garbage, rubbish or refuse that is not contained and/or placed in a waterproof metal or plastic container with handles not exceeding a capacity of 35 gallons or in a disposal bag will not be collected by the Borough.
[Amended 12-20-2004 by Ord. No. 27-2004; 12-21-2005 by Ord. No. 21-2005; 5-17-2006 by Ord. No. 6-2006]
G. 
The Borough shall provide curbside collection of yard waste and bundled tree branches. Branches and yard waste shall be tied with biodegradable twine into bundles no larger than four feet long and 18 inches in diameter. Biodegradable paper bags shall also be permitted. Plastic bags will not be collected. Tree branches thicker than four inches will not be collected. Loose, uncontained yard waste will not be collected.
[Amended 3-29-1989 by Ord. No. 8-1989; 7-21-1993 by Ord. No. 15-1993; 11-20-2001 by Ord. No. 13-2001; 5-17-2006 by Ord. No. 6-2006; 12-19-2012 by Ord. No. 28-2012]
H. 
No rubbish or refuse container, including the contents thereof, shall exceed 60 pounds. No disposal bag shall exceed 40 pounds.
[Amended 5-17-2006 by Ord. No. 6-2006]
I. 
No live coals or fire shall be placed in any container or placed out for collection.
J. 
No infectious or disease-bearing waste or rubbish, inflammables or explosives or human or animal feces shall be placed in any container or placed out for collection.
[Amended 10-9-1986 by Ord. No. 10-1986]
K. 
No chemicals, oils, pesticides, herbicides or hazardous wastes, as these terms are defined by the Department of Environmental Resources or the Environmental Protection Agency, shall be placed in any container or placed out for collection.
[Added 10-9-1986 by Ord. No. 10-1986]
L. 
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 Flow Control Ordinance.
[Added 6-15-1994 by Ord. No. 9-1994]
M. 
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.
[Added 11-20-2001 by Ord. No. 13-2001]
N. 
A disposal bag shall be used on a collection day when there is a quantity beyond two thirty-five-gallon cans (or their equivalent); provided, however, that no more than four disposal bags may be used at any one time. A disposal bag shall be set out on a collection day outside of a sealed can. A disposal bag may be purchased at the Borough at a cost to be established by Council from time to time by resolution, which cost shall not be less than $2.50 per disposal bag; provided, however, that merchants may purchase disposal bags from the Borough for resale to residents of the Borough for five cents less than the cost established by Borough Council from time to time by resolution for a disposal bag purchased at the Borough. The disposal bag shall not be filled so as to weigh more than 40 pounds and shall be securely tied and sealed at the time of collection.
[Added 12-21-2005 by Ord. No. 21-2005; amended 5-17-2006 by Ord. No. 6-2006]
[Amended 10-14-1970 by Ord. No. 14-1970; 1-11-1989 by Ord. No. 1-1989]
A. 
Combined garbage, rubbish or refuse shall be collected from each qualified unit once a week.
B. 
All properties which generate two thirty-five-gallon cans (or their equivalent) 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 require more than the equivalent of two thirty-five-gallon cans plus more than four disposal bags per week for the disposal of garbage, rubbish and refuse will be required to employ a private collector to collect such property's garbage, rubbish and refuse. 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 cans plus more than four disposal bags per week for the disposal of garbage, rubbish and refuse amount on a regular basis, the Director of Public Works shall notify the property owner that the Borough will cease further collections for the concerned property and that the property owner will be required to make arrangements to have a private collector assume such collections.
[Amended 12-20-2004 by Ord. No. 27-2004; 12-21-2005 by Ord. No. 21-2005]
C. 
Persons required to avail themselves of the use of private collectors shall have at least one collection a week or more often as necessary to protect the public health and safety, with more frequent collection if, in the opinion of the Board of Health or the Fire Chief, the public health and safety so require it. The Borough will not collect any rubbish from properties which are required to employ a private collector.
[Amended 12-20-2004 by Ord. No. 27-2004]
D. 
Garbage, rubbish and refuse shall be collected from the curb on the days specified by Borough regulations. Where the properties abut on alleys, the aforesaid collection shall be at the alleys. Containers shall be set out not later than 7:00 a.m. on the day of collection and not earlier than 6:00 p.m. of the day preceding collection. Empty containers will be taken inside the property lines not later than 12:00 midnight of collection day.
E. 
Borough forces will not enter private property for the purpose of collecting refuse or rubbish without a legal release from damages signed by the owner of such property. Releases will be obtained if, in the opinion of the Director of Public Works, it is advantageous to the Borough to have Borough vehicles enter such property. Property and accesses thereto must be large enough so as not to impede or delay the movements of Borough vehicles.
F. 
Collections which fall on holidays will be collected starting on the following day.[1]
[1]
Editor's Note: Former Subsection G, added 8-18-1990 by Ord. No. 11-1990, which immediately followed this subsection and provided for dropoff sites for HDPE and PET plastics, was repealed 8-19-1992 by Ord. No. 15-1992.
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.
No person owning or occupying any building, lot or premises shall allow any garbage, waste, refuse, rubbish or abandoned vehicles to collect or remain upon said 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 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]]
A. 
Persons who utilize private collectors or who are not eligible to have their garbage, rubbish and/or refuse collected by the Borough of West Chester under the terms of this chapter shall have their garbage, rubbish and/or refuse collected at least once a week, or more frequently when it is determined by the Chester County Board of Health, the Director of Public Works or the Fire Chief of the Borough of West Chester that such additional collections are necessary to protect the public health, safety and welfare. The Borough of West Chester will not collect any garbage, rubbish and refuse from any person who utilizes or shall be required to utilize a private collector under the terms of this chapter.
B. 
All dumpsters utilized by private collectors for the collection of garbage, rubbish and refuse as required by this chapter shall comply with the regulations set forth in § 62-11 hereof and shall be located on private property and 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.
C. 
The fencing and screening of dumpsters as required by Subsection B hereof shall be completed in accordance with Subsection B 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 Director of Public Works. A hearing on the requested exception shall be held at the next regularly scheduled meeting of the Public Works Committee of the Borough Council unless such meeting is less than 10 days from the filing of the written request, whereupon the hearing will be held at the second regularly scheduled meeting of the Public Works Committee of the Borough Council. At the conclusion of such hearing, the Public Works Committee shall, within 45 days of such hearing, render a decision granting, conditionally granting or denying the requested exception. The person seeking the requested exception shall bear the burden of demonstrating inability to comply with the requirements of this chapter.
D. 
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. Where the properties abut an alley, garbage, rubbish and refuse shall be collected from the alley. All containers used to store garbage, rubbish and refuse must be stored on the property in a location that is not visible from the public street in front of the property. Unless otherwise authorized by the Director of Public Works, the collection of garbage, rubbish and refuse shall not commence before 7:00 a.m. and may not continue after 6:00 p.m.
[Amended 11-22-1989 by Ord. No. 27-1989; 5-28-2014 by Ord. No. 5-2014]
E. 
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.
F. 
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.
[Added 8-8-1990 by Ord. No. 11-1990; amended 8-19-1992 by Ord. No. 15-1992; 5-17-2006 by Ord. No. 6-2006; 1-20-2010 by Ord. No. 3-2010]
G. 
No later than January 20 of each calendar year, private collectors shall notify each customer of the total pounds of recyclable material recycled in the prior calendar year. Each customer shall notify the Borough of the amount of the reported recycled material no later than February 1 of each calendar year.
[Added 8-8-1990 by Ord. No. 11-1990; amended 1-23-1991 by Ord. No. 2-1991]
H. 
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:
[Added 6-15-1994 by Ord. No. 9-1994; amended 5-17-2006 by Ord. No. 6-2006]
(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 H(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.
It shall be unlawful for any person not authorized to do so to remove the lid from any refuse container or to collect, molest or scatter refuse set out for collection.
The use of private collectors will not relieve any person from compliance with this chapter.
[Added 11-24-1987 by Ord. No. 15-1987[1]]
A. 
No dumpster shall be placed or located within any public right-of-way within the Borough of West Chester by any person unless such person first obtains a permit therefor from the Director of Public Works of the Borough of West Chester. Permits may be applied for at the Public Works Department, 205 Lacey Street, West Chester, Pennsylvania, on Monday through Friday, between the hours of 6:30 a.m. and 5:00 p.m.
B. 
Each permit shall be valid for a period of seven 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, Borough Council authorizes a renewal of the permit for an additional period that the Borough Council, in its 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.
[Amended 3-16-2005 by Ord. No. 6-2005; 5-17-2006 by Ord. No. 6-2006]
C. 
A dumpster shall be located in such a manner that it does not obstruct or interfere with the passage of vehicular or pedestrian traffic.
D. 
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.
[Amended 1-11-1989 by Ord. No. 1-1989]
E. 
The name, address and telephone number of the owner of the dumpster shall be conspicuously displayed thereon.
F. 
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.
G. 
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.
[Amended 1-11-1989 by Ord. No. 1-1989]
H. 
A dumpster shall be promptly removed when it is full.
I. 
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.
J. 
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.
K. 
Dumpsters which are used solely for recyclable materials are exempt from the enclosure requirements of this chapter, provided that all food and liquid is rinsed from all recyclable containers and the dumpster is kept in clean condition with the lid closed.
[Added 8-8-1990 by Ord. No. 11-1990]
[1]
Editor's Note: This ordinance also redesignated former § 62-10 as § 62-11.
[Added 3-29-1989 by Ord. No. 8-1989 [1]]
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.
[Amended 8-8-1990 by Ord. No. 11-1990]
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.
[Amended 8-8-1990 by Ord. No. 11-1990; 8-19-1992 by Ord. No. 15-1992; 11-20-2001 by Ord. No. 13-2001; 1-20-2010 by Ord. No. 3-2010]
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:
[Amended 8-19-1992 by Ord. No. 15-1992; 7-21-1993 by Ord. No. 15-1993; 11-20-2001 by Ord. No. 13-2001]
(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.
[Amended 3-20-2012 by Ord. No. 4-2012]
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(2), regarding the separation of glass, aluminum cans, bimettalic cans and plastics from other garbage, rubbish and refuse, and the size of suitable containers, as amended, was repealed 3-20-2012 by Ord. No. 4-2012. See now Subsection C(1).
(3) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection C(3), regarding tree limbs and branches over four feet in length and four inches in diameter, was repealed 12-19-2012 by Ord. No. 28-2012.
(4) 
Yard waste shall be separated and placed out for curbside collection or dropped off at a designated yard waste collection site.
[Amended 12-19-2012 by Ord. No. 28-2012]
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 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.
[Added 8-8-1990 by Ord. No. 11-1990; amended 1-23-1991 by Ord. No. 2-1991]
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.
[Added 8-8-1990 by Ord. No. 11-1990; amended 1-23-1991 by Ord. No. 2-1991]
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.
[Added 8-8-1990 by Ord. No. 11-1990]
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.
[Added 11-20-2001 by Ord. No. 13-2001]
[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]
A. 
It shall be a violation under this chapter for any public or private collector to mix recyclables with refuse.
B. 
Any person who violates or permits the violation of any provision of this chapter 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 the following fines:
(1) 
An amount of not less than $25 for the first offense in any three-hundred-sixty-five-consecutive-day period;
(2) 
An amount not less than $50 for the second offense if it occurs within the same three-hundred-sixty-five-day period as the first offense; and
(3) 
An amount not less than $100 for the third offense if it occurs within the same three-hundred-sixty-five-day period as the first and second offense.
C. 
The maximum fine in all cases shall be $1,000. 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.
D. 
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 Justice in the amounts specified above, 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.