[HISTORY: Adopted by the Council of the Borough
of West Chester 3-11-1970 by Ord. No. 4-70. Amendments noted where
applicable.]
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:
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]
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]
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]
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]
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]
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]
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.
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]
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]
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]
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]
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]
Any natural person, association, partnership, firm or corporation,
profit or nonprofit.
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]
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]
Any building and/or tract held in single or separate ownership.
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]
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.
[Amended 7-21-1993 by Ord. No. 15-1993; 11-20-2001 by Ord. No. 13-2001; 8-21-2019 by Ord. No. 11-2019]
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.
[Added 10-17-2012 by Ord. No. 20-2012; amended 8-21-2019 by Ord. No. 11-2019]
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.
[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]
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
G.Â
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.
H.Â
No
rubbish or refuse container, including the contents thereof, shall
exceed 60 pounds. No disposal bag shall exceed 40 pounds.
I.Â
No
live coals or fire shall be placed in any container or placed out
for collection.
J.Â
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.
K.Â
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.
L.Â
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.
M.Â
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.
N.Â
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 $0.05 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.
[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]
A.Â
Combined
garbage, rubbish or refuse shall be collected from each qualified
unit once a week.
B.Â
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.
C.Â
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 Borough Code Enforcement Officer, 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.
D.Â
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 shall
be taken inside the property lines and must be stored on the property
in a location that is not visible from the public street in front
of the property not later than 12:00 midnight of collection day unless,
where no location exists which is not visible from the public street(s)
in front of the property, an alternative location is approved by the
Director of the Department of Building, Housing and Code Enforcement.
E.Â
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.Â
Collections
which fall on holidays will be collected starting on the following
day.
A.Â
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.Â
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.Â
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.Â
Construction refuse will not be collected by Borough
forces.
E.Â
[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]]
A.Â
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.Â
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.Â
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.Â
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, where no location exists which is not visible
from the public street(s) in front of the property, an alternative
location is approved by the Director of the Department of Building,
Housing and Code Enforcement. Unless otherwise authorized by the Director
of the Department of Building, Housing and Code Enforcement, 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; 8-21-2019 by Ord. No. 11-2019]
E.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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.
(4)Â
Failure to file the required report in a timely manner
shall subject the waste hauler to the penalties as provided in this
chapter.
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.Â
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.Â
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.Â
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.Â
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.Â
The name, address and telephone number of the owner
of the dumpster shall be conspicuously displayed thereon.
F.Â
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.Â
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.Â
A dumpster shall be promptly removed when it is full.
I.Â
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.Â
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.Â
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]
[Added 3-29-1989 by Ord. No. 8-1989 [1]]
A.Â
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.Â
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.Â
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)Â
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]
(4)Â
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.Â
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.Â
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.Â
Collection by unauthorized persons prohibited.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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]
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.
[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.Â
It shall be a violation under this chapter for any public or private
collector to mix recyclables with refuse.
B.Â
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.Â
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.Â
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.Â
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.
