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Smithtown, NY Noise Ordinances: Decibel Limits (2026)

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

Key Facts

Governing section
Town Code § 207-3 and Table I
Residential daytime limit
45 dBA (7 a.m.-10 p.m.)
Residential nighttime limit
40 dBA (10 p.m.-7 a.m.)
Commercial receiving-property limit
65 dBA, all times
Industrial receiving-property limit
70 dBA, all times

Summary

Smithtown's Table I caps sound at a receiving residential property line to 45 dBA by day and 40 dBA at night, versus 65 dBA for commercial and 70 dBA for industrial receiving property. Domestic tools, church bells and snow removal equipment are exempt.

No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public lands or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I when measured at or within the real property line of the receiving property... Residential [receiving property]: 45 [dBA, 7:00 a.m. to 10:00 p.m.]; 40 [dBA, 10:00 p.m. to 7:00 a.m.]; Commercial, all times (dBA): 65; Industrial, all times (dBA): 70.

Full Breakdown

Town Code § 207-3A bars operating any sound source on a property in a way that exceeds the limits set in Table I when measured at or within the real property line of the receiving property, except for acts already specifically prohibited elsewhere in § 207-2 that need no measurement. , regardless of whether the source is residential, commercial or industrial; commercial and industrial receiving property lines cap at 65 dBA and 70 dBA respectively at all times. Section 207-3B exempts several categories outright: domestic power tools, lawn mowers and agricultural equipment operated with a muffler during the permitted hours of § 207-2B(15) and producing under 70 dBA at a residential property line; church bells and chimes during a religious observance; construction activity governed instead by the hours rule in § 207-2B(5); snowblowers and snowplows operated with a muffler; and burglar alarms limited to 15 minutes per activation and per hour under § 207-6B(5).

Violations & Fines

Exceeding Table I 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, all measured by a qualified technician on an approved Public Safety Department form.

Frequently Asked Questions

What is the nighttime decibel limit at a Smithtown home?
Table I under § 207-3 caps sound at 40 dBA measured at a residential property line between 10:00 p.m. and 7:00 a.m., regardless of whether the source is residential, commercial or industrial property.
Who measures decibel violations in Smithtown?
A qualified technician using a sound level device reports the reading on a form approved by the Smithtown Public Safety Department, as defined in § 207-1's definition of a noise-disturbance violation.
Are lawn mowers exempt from the decibel table?
Yes, conditionally. Section 207-3B(1) exempts domestic power tools, lawn mowers and agricultural equipment run with a muffler during permitted hours if they produce under 70 dBA at a residential property line.

Sources & Official References

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