W. Va. Code § 16-63-3

Ordinances permitted.

  1. (a) §16-63-2 of this code may not be construed to prohibit or restrict any of the following:

    1. (1) A curbside recycling program.
    2. (2) A designated residential or commercial recycling location.
    3. (3) A commercial recycling program.
  2. (b) §16-63-2 of this code does not apply to any of the following:

    1. (1) An ordinance that prohibits littering, as described in §22-15A-2 of this code.
    2. (2) The use of auxiliary containers on property owned by a local unit of government.
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