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Smithtown, NY Public Conduct: Public Urination (2026)

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

Key Facts

Amended
1-9-1990
Where required
public/private rest rooms, designated toilets only
Also required
leave washrooms neat and sanitary
Scope
Town parks and beaches
First offense
fine up to $250 or 15 days jail
Repeat offense
fine up to $1,000

Summary

Smithtown Code Section 101-5C makes it a violation to defecate or urinate anywhere in a Town park or beach except in public or private rest rooms and designated toilets or urinals. The same subsection requires leaving washrooms clean and sanitary after use. Chapter 101's general penalty, up to $1,000 for repeat offenses, applies.

No person in a park or beach shall: ... C. Defecate or urinate in any location except in public or private rest rooms and in designated toilets or urinals, nor shall anyone fail to leave washrooms and rest rooms in a neat and sanitary condition after use.

Full Breakdown

Section 101-5 of Chapter 101, the Town's Department of Parks, Buildings and Grounds code, is titled 'Sanitation' and lists three prohibited acts for anyone inside a Town park or beach. Subsection A bars discharging any substance into the waters of the Long Island Sound or any park fountain, pool, lake or storm drain that flows into those waters. Subsection B bars dropping or leaving dirt, garbage or rubbish anywhere on park or beach grounds except in the receptacles provided. Subsection C, amended 1-9-1990, states that no person shall defecate or urinate in any location except in public or private rest rooms and in designated toilets or urinals, and further requires that no one fail to leave washrooms and rest rooms in a neat and sanitary condition after use.

Because Section 101-5C is written as a park-and-beach conduct rule inside Chapter 101, it is enforced by the same Town Parks Maintenance Director's staff and Department of Public Safety personnel who patrol for the chapter's other prohibited acts, including alcohol, noise, firearms and vegetation damage, and it does not reach conduct outside Town park and beach property.

Violations & Fines

A violation of Section 101-5C is punished under the Chapter 101 penalty section, 101-29: a fine of up to $250, up to 15 days in jail, or both, for a first offense, and a fine of up to $1,000 for a second or later offense, plus the Town's prosecution costs.

Frequently Asked Questions

Where am I allowed to relieve myself at a Smithtown beach?
Only in a public or private rest room or a designated toilet or urinal. Section 101-5C bans defecating or urinating anywhere else on Town park or beach property, so using the dunes or a wooded area is a violation.
Does this sanitation rule apply on Smithtown's public streets?
No. Section 101-5C is part of Chapter 101, which regulates conduct inside Town parks and beaches. It does not itself extend the restroom requirement to streets, sidewalks or other non-park Town property.
What if I leave a park restroom messy after using it?
Section 101-5C also requires leaving washrooms and rest rooms in a neat and sanitary condition after use, so failing to do so is a separate violation of the same subsection, enforceable under the Chapter 101 penalty.

Sources & Official References

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