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Smithtown, NY Animal Ordinances: Bird Protection (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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?
Yes. Section 101-4A bans possessing the nest, eggs or young of any bird found in a Town park or beach, so picking up and keeping an egg, even one that fell, violates the section.
Does Smithtown's bird protection rule apply outside its parks?
No. Section 101-4 sits inside Chapter 101, which governs conduct in Town parks and beaches only. It does not create a general Town-wide bird protection law for private property or non-park land.
Can I feed park ducks bread or crackers?
Section 101-4B only bans giving tobacco, alcohol, drugs or other noxious or poisonous substances to park wildlife. Plain bread or crackers are not listed as a prohibited substance under this particular section.

Sources & Official References

Other rules in Smithtown

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