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Smithtown, NY Noise from Specific Sources: Generator Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Town Code § 207-2B(17)
Added by
L.L. No. 2-2016, effective 11-1-2016
Standard
Non-emergency use banned outright, no dBA test
Exception
Storm/emergency outage; routine testing
First-offense fine
Up to $500

Summary

Smithtown bars running a generator when there is no storm or other emergency power outage, except for routine testing. The rule applies at any hour and does not depend on how loud the generator is.

Generators: the use of a generator when there is no power outage caused by a storm or other emergency, except for routine testing.

Full Breakdown

Town Code § 207-2B(17), added by Local Law No. 2-2016, prohibits the use of a generator when there is no power outage caused by a storm or other emergency, except for routine testing. The subsection does not set a decibel threshold or a time-of-day carve-out the way the sound-device and domestic-equipment provisions do; instead it bans non-emergency generator use outright, meaning a resident cannot run a portable generator for convenience or backup readiness once utility power is already restored, unless the run is a routine maintenance test.

Because the ban is use-based rather than volume-based, a quiet inverter generator is treated the same as a loud one for enforcement purposes. Generator noise that does occur during an actual power outage is not exempt from every rule in the chapter, but § 207-2B(17) itself only targets non-emergency use, so outage-related running is not a violation of this particular subsection. Complaints are handled by the Public Safety Department and, since the October 2025 amendment adding § 207-5, an officer's sworn statement of a personally observed violation can support a summons on its own.

Violations & Fines

A first offense under § 207-7 is punishable by a fine of up to $500, a second offense not less than $1,000, and a third or subsequent offense not less than $1,500, plus up to 15 days imprisonment for any violation.

Frequently Asked Questions

Can I run a home generator in Smithtown without a power outage?
No, except for routine testing. Section 207-2B(17) bans generator use when there is no power outage caused by a storm or other emergency, regardless of how quiet the unit is.
Is there a time-of-day limit on generator use during an outage?
Section 207-2B(17) itself does not set separate outage hours; it only bars non-emergency use. Once an actual storm or emergency outage exists, that specific subsection does not prohibit running the generator.
What counts as 'routine testing' under the generator rule?
The code does not further define routine testing beyond exempting it from the non-emergency-use ban in § 207-2B(17); it is understood to mean brief, scheduled maintenance runs rather than extended use for backup power.

Sources & Official References

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