Smithtown, NY Animal Ordinances: Chickens & Livestock (2026)
Key Facts
- Poultry keeping
- Allowed, § 135-12
- Location
- Rear yards only, enclosed
- Density cap
- 15 birds per 500 sq ft
- Waste storage
- Metal, rodentproof containers
- Added
- 1-23-2025 by L.L. No. 3-2025
- First penalty
- $75, § 135-14A
Summary
Smithtown allows residents to keep poultry, including chickens, turkeys, geese, ducks and pheasants, but only in rear yards, enclosed to prevent escape, and capped at 15 birds per 500 square feet of yard used for that purpose. Added by Local Law No. 3-2025.
§ 135-12. Keeping of poultry. Any person may keep, maintain, or house poultry, provided that such poultry does not constitute a nuisance or create a hazard to public health. § 135-13. Nuisance or health hazard. Poultry shall be deemed to constitute a nuisance or to create a hazard to public health, in the absence of compliance with the following conditions: A. Poultry shall be kept or maintained only in rear yards and shall, at all times, be securely enclosed within an accessory structure, yard or enclosure in such manner as to prevent the running at large or flying out of such fowl. B. No more than 15 birds, herein defined as poultry, may be kept or maintained for every 500 square feet of rear yard space being used for the keeping of poultry.
Full Breakdown
L. No. 3-2025, states that any person may keep, maintain, or house poultry provided it does not constitute a nuisance or create a hazard to public health. Section 135-13, added the same day, spells out exactly when poultry-keeping crosses into a nuisance or health hazard: poultry must be kept only in rear yards and, at all times, securely enclosed within an accessory structure, yard, or enclosure that prevents running at large or flying out; no more than 15 birds may be kept for every 500 square feet of rear yard space used for poultry; the birds must be confined at all times to the property where they are kept; and poultry refuse and feed must be stored in metal containers with metal covers or in a rodentproof container.
Chapter 135's definition of POULTRY in § 135-2 covers chickens, turkeys, geese, ducks, pheasants, or other domestically maintained fowl. The 2025 local law also renumbered the balance of the chapter, moving former §§ 135-12 through 135-16 to §§ 135-14 through 135-18. Nothing in Chapter 135 addresses other livestock such as goats, pigs, or horses; only poultry is separately regulated here.
Violations & Fines
Keeping poultry that violates the rear-yard, enclosure, density, confinement or storage conditions in § 135-13 is treated as a nuisance or health hazard, exposing the owner to the chapter's general penalty in § 135-14A: $75 for a first violation, $150 for a second, and $300 for a third and all subsequent violations. The Town Attorney is authorized under § 135-14B to bring civil actions and seek civil penalties in addition to any criminal prosecution.
Frequently Asked Questions
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Sources & Official References
Other rules in Smithtown
How Smithtown compares: Best Cities for Backyard Chickens·New York rules heatmap·Compare Smithtown to another location·View the New York animal ordinances overview
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