Smithtown, NY Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Clear path required
- At least 4 feet of sidewalk passage
- Size cap
- 4 ft tall, 30 in wide, 2 ft deep
- Hydrant setback
- 15 feet minimum
- Owner ID
- Name, address, phone must be affixed
- Penalty
- $250 first offense, $500 repeat (§ 245-9)
- Enforcement
- Ordinance Inspectors or Chief Building Inspector
Summary
Smithtown's core sidewalk-obstruction standard comes from its newsrack law: no newsrack, and by the same logic no similar fixture, may sit on a sidewalk if it endangers safety or unreasonably impedes pedestrian or vehicular traffic, blocks a doorway, or covers a hydrant, sign, or mailbox, under Town Code § 245-8B(2).
No person shall install, use or maintain any newsrack which, in whole or in part, rests upon, in or over any sidewalk or other public place when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public utility purposes, public transportation purposes or government use or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business or any legally parked or stopped vehicle or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
Full Breakdown
Section 245-8, added June 24, 1986, bars any newsrack that projects into the roadway and sets detailed placement standards for the sidewalk. A newsrack cannot exceed four feet in height, 30 inches in width, or two feet in depth, cannot be chained or bolted to Town property, and cannot sit within three feet of a crosswalk, 15 feet of a fire hydrant, five feet of a fire or police call box or driveway, three feet ahead or 15 feet behind a designated bus stop or taxi stand, three feet of a bus bench, or at any point where it would reduce the clear pedestrian passageway to less than four feet, per § 245-8B(3)(c).
Every newsrack must carry the owner's name, address, and phone number in plain view, and no two newsracks carrying the same publication may sit within 100 feet of each other on the same block. The Town's legislative findings in § 245-8A describe unregulated sidewalk fixtures as an inconvenience and danger to pedestrians and a public nuisance, the same rationale that underlies the broader obstruction standard.
Violations & Fines
Section 245-9 makes any violation of this Article an offense treated as a misdemeanor for court jurisdiction purposes, punishable by a civil penalty of up to $250 for a first violation and up to $500 for each subsequent violation, recovered in a civil action in the Town's name. Section 245-10, as amended in 2025, assigns enforcement to the Town's Ordinance Inspectors or the Chief Building Inspector or deputies they designate.
Frequently Asked Questions
How much sidewalk clearance must be kept open in Smithtown?
Can a newsrack or sidewalk fixture be bolted to a Town sign post?
How close to a fire hydrant can a sidewalk obstruction sit?
What's the penalty for an illegal sidewalk obstruction in Smithtown?
Sources & Official References
Other rules in Smithtown
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Obstruction Rules in Nearby Cities
How other cities in Suffolk County handle obstruction rules.