Smithtown, NY Animal Ordinances: Bird Protection (2026)
Key Facts
- Adopted
- Chapter 101, 5-22-1984
- Covers
- any mammal or bird in Town parks/beaches
- Prohibited acts
- hunt, trap, kill, harm, frighten, molest
- Also banned
- possessing nest, eggs or young
- Separate rule
- feeding tobacco/alcohol/drugs to wildlife (101-4B)
- First offense
- fine up to $250 or 15 days jail
Summary
Smithtown Code Section 101-4A prohibits hunting, trapping, killing, harming, frightening or molesting any bird, or possessing its nest, eggs or young, anywhere in a Town park or beach. Section 101-4B separately bans feeding tobacco, alcohol, drugs or other noxious substances to park wildlife. Chapter 101's general penalty applies to both.
No person in a park or beach shall: A. Hunt or trap, or otherwise willfully kill, harm, frighten or molest or have in his or her possession the nest, eggs or young of any mammal or bird.
Full Breakdown
Chapter 101, the Town's parks and beaches code adopted 5-22-1984, devotes Section 101-4 to wildlife protection on Town recreation property. Subsection A states that no person in a park or beach shall hunt or trap, or otherwise willfully kill, harm, frighten or molest, or have in his or her possession the nest, eggs or young of any mammal or bird. The prohibition reaches beyond hunting to cover frightening or molesting a bird or disturbing its nest, and it bans mere possession of eggs or fledglings taken from a nest, even without an intent to harm them.
Subsection B adds a companion rule barring anyone from giving or offering tobacco, alcohol, drugs or any other noxious, offensive or poisonous substance to an animal, mammal or bird on park property. Both rules apply only within the boundaries of Town parks and beaches such as Hoyt Farm and the Town's other recreation sites; they do not create a Town-wide wildlife protection law reaching private yards or non-park land. The Town Parks Maintenance Director's staff and the Department of Public Safety patrol these properties and enforce the wildlife section alongside the chapter's other park-conduct rules covering vegetation, sanitation and noise.
Violations & Fines
Violating Section 101-4 is punished under the Chapter 101 general penalty in Section 101-29: a fine of up to $250, up to 15 days in jail, or both, for a first violation, rising to a fine of up to $1,000 for a second or later violation, plus the Town's costs of prosecuting the case.
Frequently Asked Questions
Is it illegal to pick up a fallen bird's egg at a Smithtown park?
Does Smithtown's bird protection rule apply outside its parks?
Can I feed park ducks bread or crackers?
Sources & Official References
Other rules in Smithtown
New York rules heatmap·Compare Smithtown to another location·View the New York animal ordinances overview
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Bird Protection in Nearby Cities
How other cities in Suffolk County handle bird protection.