Westchester council approves changes to borough garbage code including tote and dumpster rules

Westchester Borough Council on May 22 approved changes to the borough’s garbage, rubbish and refuse code that add definitions for “dwelling unit” and “tote,” revise public and private collection rules and change where recycling containers must be stored.

The ordinance — described in the meeting as an update to Chapter 62 of the Code of the Borough of Westchester — passed on a recorded vote the council gave as 5-0 after a public hearing and brief public comment.

The measure’s title and the published exhibits provided for the record list changes to Section 62-1 (definitions), several subsections of Section 62-2 addressing public and private collection rules, a cross‑reference to totes, trash cans and dumpsters, revised dumpster regulations, and a requirement that containers used for recycling be stored in the same locations as totes and dumpsters. The borough provided proof of publication in the Daily Local News and a submission to the Chester County Law Library as required by law.

Two residents spoke during the hearing. Daryl Cook, of 506 South Walnut, cautioned that stricter requirements could reduce compliance: “The harder you make it to do something, the results may not be achieved.” Lisa Kearns, of 312 West Middle Street, asked whether a chain‑link fence would count as a screen for reduced setback requirements; council and staff responded that screening on two sides can satisfy the requirement and that, in that scenario, cans could be stored five feet inside the fence.

Borough staff described planned outreach and enforcement approaches if the ordinance is adopted. Staff said the borough will notify landlords through the rental‑license mailing and the landlords association, produce a flyer, hold two informational sessions (10 a.m.–noon and 5–7 p.m.) and post information on the borough website. On enforcement, staff said the borough “has the ability to do warning tickets on anything, which we typically do try to do for the first time anyone gets ticketed,” and that the software vendor is preparing automated letters to notify property owners when a ticket is issued.

No amendments to the ordinance were recorded during the hearing. Following a motion to approve the petition as read and a second, the council took a roll call and the ordinance was adopted with the vote announced as 5-0.

The ordinance text as discussed explicitly amends sections of Chapter 62; the meeting record includes the title read into the record and the exhibits documenting publication and legal notification. Council members indicated they plan outreach to landlords and a warning period for new violations rather than immediate fines.

The ordinance will take effect according to the borough’s normal adoption schedule unless the council later specifies an effective date or additional implementing regulations.

Questions about detailed implementation — including an explicit timeline for warnings versus citations, the precise text of the new definitions, and any grandfathering for existing dumpsters and collection agreements — were discussed but not finalized at the hearing; staff said more details will be circulated during the outreach sessions.

The council moved on after adopting the measure and continued with the evening’s agenda.