[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 5-10-1963 by Ord. No. 37. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 96.
Parks — See Ch. 123.
Streets and sidewalks — See Ch. 146.
A. 
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HOUSEHOLD GARBAGE
Solid waste comprising of garbage and rubbish, including but not limited to bottles, cans, clothing, disposables, food packaging, food scraps, paper, newspaper, magazine and yard trimmings that originate from private homes or apartments.
[Added 3-1-2012 by L.L. No. 4-2012]
LITTER
"Garbage," "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
[Amended 3-1-2012 by L.L. No. 4-2012]
No person shall throw or deposit liner in or upon any street, sidewalk or other public place within the Village, except in public receptacles for collection or in official Village dumps. No person shall deposit household garbage in any public receptacle.
[Added 4-11-2005 by L.L. No. 2-2005]
Any person attending to a dog or other animal in any public place or street, including the ocean beach, shall take such action as is necessary to clean up after such dog or other animal in an appropriate manner when such a dog or animal discharges any substance in any public place or street, including the ocean beach.
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Village shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village or upon private property.
No person shall drive or move any truck or other vehicle within the Village unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection.
[Amended 4-8-1988 by L.L. No. 9-1988]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.