Smithtown, NY Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Governing section
- § 245-5, adopted 1984
- Duty holders
- Commercial owners; business/industrial frontage owners
- Required upkeep
- Repair sidewalk; clear snow, ice, obstructions
- Owner liability
- Liable for injury from neglected sidewalk
- Town remedy
- Town repairs, cost becomes property lien
- Penalty
- $250 first offense, $500 repeat (§ 245-9)
- Enforcement
- Ordinance Inspectors or Chief Building Inspector
Summary
Smithtown puts sidewalk upkeep on the abutting property, not the Town. Owners of commercial buildings and owners or occupants of land fronting a street or highway in a business or industrial district must maintain and repair the adjoining sidewalk and clear it of snow, ice, and other obstructions under Town Code § 245-5.
Owners, occupants, lessors or persons in control of all buildings or structures used for commercial purposes and the owners or occupants of lands fronting or abutting on any street or highway in a business or industrial district shall maintain and repair the sidewalks adjoining their lands and shall keep such sidewalks free and clear of and from snow, ice and all other obstructions. Such owner, occupant or lessor, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to maintain or repair such sidewalk or to remove snow, ice or other obstructions therefrom.
Full Breakdown
Chapter 245's Article II, adopted December 4, 1984 as the "Streets and Sidewalks Ordinance of the Town of Smithtown," defines SIDEWALK as "the area between the curbline and the abutting property owner's line" (§ 245-4). Section 245-5 places the repair and clearing duty on owners, occupants or lessors of commercial buildings and on owners or occupants of land fronting a street or highway in a business or industrial district, and makes them personally liable for injury or damage caused by their failure to maintain the walk or clear snow and ice.
If the responsible party defaults, § 245-7 lets the Town step in, repair the sidewalk itself, and assess the full cost, plus insurance expense, against the property; that assessment becomes a lien collected the same way as other Town charges until paid. daily except Sundays and legal holidays. The Article is enforced by the Town's Ordinance Inspectors or the Chief Building Inspector, or deputies the Inspector designates, per § 245-10 as amended in 2025.
Violations & Fines
Under § 245-9, anyone violating Article II is guilty of an offense treated as a misdemeanor for court jurisdiction purposes, but in practice faces a civil penalty of up to $250 for a first violation and up to $500 for each subsequent violation, recovered in a civil action brought in the Town's name. Paying the penalty does not excuse the owner from actually fixing the sidewalk; the Town can still order the repair and lien the property under § 245-7.
Frequently Asked Questions
Who has to repair a cracked sidewalk in Smithtown?
What if I ignore a broken sidewalk in front of my business?
Am I liable if someone is hurt on my sidewalk?
What's the fine for not maintaining a Smithtown sidewalk?
Sources & Official References
Other rules in Smithtown
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