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Smithtown, NY Noise Ordinances: Construction Hours (2026)

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

Construction hours in Smithtown, NY, sometimes called construction noise rules or contractor work-hour ordinances, set when contractors can run power tools, hammers, and heavy equipment.

Key Facts

Governing section
Town Code § 207-2B(5)
Weekday cutoff
6:00 p.m. to 7:00 a.m.
Weekends/holidays
Barred at any time
Exceptions
Emergency work; municipal agency work
First-offense fine
Up to $500

Summary

Smithtown bans construction, drilling, earthmoving, excavating or demolition noise after 6:00 p.m. on weekdays and at any time on weekends or legal holidays, until 7:00 a.m. the next day. Emergency work and municipal-agency work are the only exceptions.

Construction: operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for: (a) Emergency work; (b) When it is the result of the operation of any said equipment by or for any municipal agency.

Full Breakdown

the following day on weekdays, or at any time at all on weekends or legal holidays. , Monday through Friday only; there is no permitted Saturday or Sunday construction-noise window anywhere in the section. The only carve-outs are emergency work and work performed by or for a municipal agency; a 2021 resolution (Res. No. 2021-1016) repealed a former exceeded-sound-limit exception, tightening the rule. Section 207-3B(3) separately confirms that ordinary construction noise is exempt from the Table I decibel limits, but only during the hours § 207-2B(5) actually permits; outside those hours the activity is barred outright regardless of loudness.

Complaints go through the Public Safety Department, and a police or peace officer's sworn written statement of a personally observed violation can support a summons under § 207-5.

Violations & Fines

Violating the construction-hours restriction is punishable under § 207-7: up to $500 for a first offense, not less than $1,000 for a second, and not less than $1,500 for a third or subsequent offense, plus up to 15 days imprisonment for any violation.

Frequently Asked Questions

What time can construction noise start in Smithtown?
Construction, drilling, earthmoving, excavating and demolition noise is legal only between 7:00 a.m. and 6:00 p.m. on weekdays under § 207-2B(5). It is barred entirely on weekends and legal holidays.
Is weekend construction ever allowed in Smithtown?
No. Section 207-2B(5) bars construction-related noise at any time on Saturdays, Sundays and legal holidays, with the only exceptions being emergency work or work performed by or for a municipal agency.
Does the decibel table apply to daytime construction noise?
No. Section 207-3B(3) exempts construction activity from the Table I sound-level limits, but only when it falls within the hours § 207-2B(5) permits; outside those hours the activity itself is prohibited regardless of loudness.

Sources & Official References

Other rules in Smithtown

All Smithtown rules

How Smithtown compares: Cities with the Strictest Construction Hours·New York rules heatmap·Compare Smithtown to another location·View the New York noise ordinances overview

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