Smithtown, NY
Pop. 116,228 · Suffolk County
Most looked-up rules in Smithtown
The topics readers look up most across the site, as they apply in Smithtown.
Browse by topic
🏡 Home & Property
🏠 Renting & Housing
🔊 Noise & Neighbors
🐾 Animals & Farming
🔥 Fire & Safety
🚗 Parking & Streets
💼 Business & Licensing
📋 Permits, Signs & Events
🌎 Environment & Utilities
🛡️ Privacy & Civic
📋 Other
🔊 Noise Ordinances
Construction Hours
Some RestrictionsSmithtown 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…
Barking Dogs
Some RestrictionsSmithtown bars owning or harboring an animal or bird whose sound crosses a residential property line for 15 minutes in any one-hour span. The Public Safety Department and Suffolk…
Vehicle Noise
Some RestrictionsSmithtown bars horns, alarms and signaling devices sounded harshly or repetitively so as to create a noise disturbance, and separately bars driving a vehicle so out of repair or loaded…
Decibel Limits
Some RestrictionsSmithtown'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…
Amplified Music & Outdoor Sound
Some RestrictionsSmithtown bars operating any loudspeaker, speaker system, outdoor public address system or other sound-reproduction device in a way that creates a noise disturbance, with no fixed…
Leaf Blower Rules
Some RestrictionsSmithtown caps commercial landscapers at two hand-held or backpack gas-powered leaf blowers running at once on residential properties of a half-acre or less. Landscaping work…
Quiet Hours
Some RestrictionsSmithtown bans running any sound device, radio, TV or amplifier between 11:00 p.m. and 7:00 a.m. if it can be heard 50 feet from where it sits. The rule applies town-wide on top of the…
🐔 Animal Ordinances
Cat Rules
Some RestrictionsSmithtown does not license cats or restrict them from running at large, but a cat picked up by the Animal Shelter cannot go home unaltered. Town Code Chapter 135 requires sterilization…
Microchipping
Light RestrictionsSmithtown does not require pet owners generally to microchip their animals, but every animal adopted from the Town's Animal Shelter and Adoption Center must be implanted with a…
Chickens & Livestock
Some RestrictionsSmithtown allows residents to keep poultry, including chickens, turkeys, geese, ducks and pheasants, but only in rear yards, enclosed to prevent escape, and capped at 15 birds per 500…
Dog Leash Laws
Some RestrictionsSmithtown bars any dog owner from letting a dog run loose off its own residential property unless the dog is under full control on a leash no longer than six feet, and unlicensed or…
Bird Protection
Heavy RestrictionsSmithtown Code Section 101-4A prohibits hunting, trapping, killing, harming, frightening or molesting any bird, or possessing its nest, eggs or young, anywhere in a Town park or beach…
Veterinary Clinic Zoning
Significant RestrictionsAnimal boarding, kennels, veterinarians, animal hospices, and animal hospitals need a special exception permit from the Board of Appeals in Smithtown, and outdoor pens are confined to…
Beekeeping
Some RestrictionsSuffolk CountyBefore spraying or otherwise killing a honeybee colony or swarm, Suffolk County law requires the applicator to phone a beekeeper and seek help relocating the bees rather than…
Coyote Management
Significant RestrictionsSuffolk CountySuffolk County outlaws purposely feeding or baiting coyotes and other wild animals anywhere in the county, targeting the human-food dependency the Legislature says drives aggressive…
Pet Groomer Rules
Significant RestrictionsSuffolk CountySuffolk County requires every pet grooming business and individual pet groomer to register biennially with the Department of Labor, Licensing and Consumer Affairs and pay a fee before…
Pet Store Rules
Some RestrictionsSuffolk CountySuffolk County pet stores may still sell dogs, cats, rabbits, guinea pigs and hamsters, but only if sourced from USDA-licensed Class A breeders or Class B brokers with clean recent…
Wildlife Feeding
Significant RestrictionsSuffolk CountySuffolk County makes it illegal to feed deer, coyotes, geese, and other wild animals countywide, plus bars leaving out food or garbage that attracts them.
Mandatory Spay/Neuter
Some RestrictionsSuffolk CountyAny dog or cat adopted, bartered, or given away by a Suffolk County animal shelter or rescue must be spayed or neutered before the transfer, unless a licensed veterinarian certifies…
Exotic Pets
Heavy RestrictionsSuffolk CountySuffolk County prohibits using wild or exotic animals, bears, big cats, primates, crocodilians, and more, in traveling performances, shows, petting zoos, or parties, even if the animal…
Breed Restrictions
Few RestrictionsNew YorkAgriculture and Markets Law section 107(5) preempts municipalities from enacting breed-specific dog regulations, ensuring uniform treatment regardless of breed across New York.
🧱 Fence Regulations
Retaining Walls
Some RestrictionsSmithtown requires a building permit before any retaining wall, sea wall or bulkhead is built, altered, removed or demolished, and the Town Engineer must approve detailed plans and…
Fence Permit Requirements
Some RestrictionsSmithtown requires a Building Department permit before installing any fence, wall or berm higher than four feet, or any retaining wall higher than 30 inches. The Chief Building…
Height Limits
Some RestrictionsSmithtown caps fences, walls and berms at six feet, drops that limit to four feet in a required front yard, and restricts them to two and a half feet inside a corner-lot sight…
Neighbor Fence Rules
Light RestrictionsNew YorkNew York's Town Law § 300 makes adjoining landowners split the cost of a division fence along their shared boundary, but only when the land is actually used to keep animals…
🏗️ Accessory Structures
Shed & Carport Rules
Some RestrictionsSmithtown lets homeowners skip a building permit for a small detached tool or storage shed, but only if it stays under 144 square feet, tops out at 12 feet, and sits in a conforming…
Garage Conversions
Some RestrictionsConverting a Smithtown garage into living space requires a building permit under the Town's general construction-permit rule, and the code names the work specifically in its fee…
ADU Rules
Significant RestrictionsSmithtown's zoning code permits accessory apartment dwelling units only as a Board of Appeals special exception, and only above certain commercial ground-floor uses, not as a…
ADU Rental Restrictions
Significant RestrictionsSmithtown limits accessory apartment dwelling units to premises with a qualifying commercial use, such as a retail store, office, or restaurant, and issues the special exception permit…
🔥 Fire Regulations
Outdoor Burning
Heavy RestrictionsSmithtown Code § 164-38 bans kindling or maintaining any bonfire or rubbish fire on public property such as parks, beaches, streets and roads, and separately bans the same conduct on…
Propane Storage
Some RestrictionsSmithtown's Fire Prevention code regulates where liquefied petroleum gas containers can be kept, barring propane tanks from inside, on the roof or on the balcony of any occupied…
Smoke Detectors
Some RestrictionsSmithtown Code § 164-36 requires every building or structure with sleeping accommodations, including single- and multiple-family dwellings, to have an approved automatic…
Fire Pits & Backyard Fires
Some RestrictionsSuffolk CountySuffolk County does not regulate backyard recreational fires county-wide; jurisdiction falls to New York State open-burning law (6 NYCRR Part 215) and the individual towns (Brookhaven…
Fireworks
Heavy RestrictionsNew YorkNew York Penal Law bans most consumer fireworks statewide. Ground-based sparkling devices are legal by default outside New York City, though counties may opt out and about a dozen have…
Wildfire Zones
Some RestrictionsNew YorkNew York's Environmental Conservation Law Section 9-1105 makes it unlawful to set any open fire burning brush, leaves, grass, or debris in a designated fire town without a written…
🌿 Landscaping Rules
Tree Trimming
Some RestrictionsSmithtown property owners must trim broken or decayed limbs and take down dead, dying, blown-over, leaning, insect-infested or diseased trees on their own land, at their own expense…
Tree Removal & Heritage Trees
Significant RestrictionsSmithtown makes it unlawful to remove, destroy or substantially alter the habit of any tree over three inches in diameter on any parcel, public or private, without a permit. A $200…
🚗 Parking Rules
Overnight Parking
Significant RestrictionsSmithtown Code Section 101-6F bars parking overnight in Town parks and beaches, with narrow exceptions for permitted campers, boaters and fishermen who hold a valid Town Clerk…
Driveway Rules
Some RestrictionsSmithtown bars parking or storing cars, trailers and boats in a required front yard unless the surface is paved, and caps how much of a residential front, side or rear yard can be…
Abandoned Vehicles
Some RestrictionsAbandoning a vehicle in any public place in Smithtown is a declared nuisance under Town Code Chapter 293, and the Superintendent of Highways can take it into custody. Owners pay the…
Commercial & Oversized Vehicles
Significant RestrictionsSmithtown zoning bans large commercial vehicles from parking or storing within 100 feet of a residence district, and bars them overnight entirely in the CF, PB, OB and residence…
Loading Zones
Some RestrictionsEvery nonresidential building or lot in Smithtown must provide off-street truck-loading spaces sized to its floor area: one space up to 40,000 square feet, then one additional space…
Snow Removal Parking Rules
Some RestrictionsSuffolk CountySuffolk County law makes it illegal to shovel or dump snow into a handicapped parking space, with fines up to $200 per offense for repeat violators county-wide.
Towing & Impound Rights
Significant RestrictionsSuffolk CountySuffolk County Code Chapter 796, Article I lets a private lot owner have a car towed only when that owner or a representative is physically standing there asking for that specific…
EV Charging
Some RestrictionsNew YorkNew York has adopted statewide building code and Public Service Commission rules governing EV charging installation, accessibility, and utility interconnection that apply uniformly to…
🏊 Swimming Pools & Spas
Pool Permits
Some RestrictionsSmithtown requires a separate building permit from the Chief Building Inspector before erecting, constructing, enlarging, altering, removing or improving any pool, in-ground…
Fencing & Safety Requirements
Some RestrictionsEvery pool in Smithtown must be completely and continuously enclosed by a permanent, durable wall, barrier or fence meeting the New York State Uniform Fire Prevention and Building…
💼 Home Business
Zoning & Home Occupation Permits
Some RestrictionsSmithtown caps home occupations at 400 square feet of a residence's floor area, limits on-site parking impact to two spaces, and allows only one home occupation per residence. The use…
Cottage Food Operations
Some RestrictionsNew YorkNew York lets you sell home-baked and other shelf-stable foods without a food processing license through the Department of Agriculture and Markets Home Processing exemption, which…
Home Daycare
Heavy RestrictionsNew YorkNew York Social Services Law preempts municipalities from imposing additional licensing on family or group family day care homes and requires the Office of Children and Family Services…
🏠 Short-Term Rentals
Taxes & Fees
Some RestrictionsSuffolk CountySuffolk County's hotel and motel occupancy tax law defines short-term rentals into the same tax base as hotels and motels, so Airbnb-style hosts must collect and remit a 5.5% occupancy…
Host Platform Liability
Significant RestrictionsSuffolk CountySuffolk County's hotel/motel occupancy tax law reaches booking platforms directly: any internet platform that connects a host with a guest and handles payment is a "room remarketer,"…
Short-Term Rental Permits
Significant RestrictionsSuffolk CountySuffolk County treats short-term rentals as hotels under its occupancy tax law, so any host renting a space for under 30 days must file a certificate of registration with the County…
📢 Noise from Specific Sources
Generator Noise
Some RestrictionsSmithtown bars running a generator when there is no storm or other emergency power outage, except for routine testing. The rule applies at any hour and does not depend on how loud the…
Delivery Truck Noise
Some RestrictionsSmithtown bars loud loading and unloading that creates a noise disturbance, and separately bars idling a heavy truck over 10,000 pounds within 150 feet of a residential area for more…
Car Alarm Limits
Light RestrictionsA burglar alarm on a vehicle or building in Smithtown must shut off within 15 minutes of activation and cannot run more than 15 minutes in any one-hour period to stay exempt from the…
Bar & Nightclub Noise
Some RestrictionsBars, clubs and other commercial establishments in Smithtown cannot let music carry across a property line between 11:00 p.m. and 7:00 a.m. An officer's ability to hear and trace the…
🌍 Environmental Rules
Stormwater Management
Significant RestrictionsSmithtown requires a Town-approved stormwater pollution prevention plan before any land development activity gets a permit, and projects disturbing an acre or more (or that hit an…
Erosion Control
Significant RestrictionsSmithtown caps active soil disturbance at five acres at a time absent an approved plan, requires a qualified professional to inspect erosion and sediment controls every seven days plus…
Boat Dock Permits
Significant RestrictionsSmithtown requires a Town permit before anyone builds, rebuilds, removes or repairs a dock, pier, wharf, bulkhead, dam or impoundment structure over lands underwater. The Conservation…
Flood Elevation Requirements
Some RestrictionsIn Smithtown's mapped special flood hazard areas, new and substantially improved homes must have their lowest floor raised at least two feet above the base flood elevation. The…
Flood Zones
Some RestrictionsSmithtown requires a floodplain development permit before any construction, filling, grading or other development can proceed in an area of special flood hazard shown on the Town's…
Coastal Development
Heavy RestrictionsNew YorkNew York Executive Law Article 42 and the Coastal Management Program require state and local agency actions in designated coastal areas to be consistent with statewide coastal policies…
🎪 Special Events & Permits
Parade Permits
Significant RestrictionsAll parades are prohibited in Smithtown unless the Town Board approves them in writing and the Town Clerk issues a permit, based on a verified application filed at least 60 days ahead…
Street Fair Rules
Significant RestrictionsAll carnivals, fairs, bazaars and similar special events are prohibited in Smithtown unless the Town Board approves them in writing and the Town Clerk issues a permit, which requires a…
Park Event Permits
Some RestrictionsSmithtown Code Section 101-18 requires any group of 11 or more people to obtain a Town Parks Maintenance Director permit before using a Town park or beach facility, with fees scaled by…
Block Party Permits
Some RestrictionsA block party that closes a Town street in Smithtown is processed as a Highway Department permit. The Town's highway fee schedule sets the charge at $75 per block party under Code §…
Sidewalk Dining & Cafés
Some RestrictionsRestaurants seeking a permanent outdoor dining area in Smithtown need a special exception permit meeting numeric standards: no closer than 150 feet to a residence district, a curb…
🚪 Soliciting & Door-to-Door
🗑️ Trash & Recycling
Yard Waste Collection
Some RestrictionsSmithtown residents must bundle tree debris, brush, and woody vegetation before setting it out for Highway Department pickup: pieces under six inches in diameter, cut to four-foot…
Bin Placement Rules
Some RestrictionsSmithtown residents may put solid waste and recycling receptacles at the curb no more than 12 hours before pickup and must pull them in within 12 hours afterward, storing containers…
Recycling Requirements
Some RestrictionsEvery Smithtown residence with curbside collection, along with apartment buildings, condominiums and community facilities, must separate newspapers, cardboard, glass, metal and plastic…
Bulk Item Disposal
Some RestrictionsSmithtown's Solid Waste Management Law splits large discards into two defined categories, ordinary bulk items and household bulk items, and requires commercially collected bulk items…
Pickup Rules & Schedules
Some RestrictionsLicensed carters must collect solid waste on the routes and days listed in their license application; if a carter misses a scheduled pickup by more than 24 hours, the Town can step in…
Recycling Rules
Some RestrictionsSmithtown requires recyclables to be clean, capped items removed, bundled by type where required, and kept entirely separate from other trash; mixing them voids the recycling…
Dumpster Rules
Some RestrictionsNo permanent dumpster, compactor, shopbox or roll-off may be placed anywhere in Smithtown without a permit number from the Department of Public Safety. Units must not block traffic…
Illegal Dumping
Heavy RestrictionsSmithtown bans dumping garbage, hazardous or liquid waste, litter, or construction debris from a dump truck or other vehicle onto any street, lot, park or public or private area. A…
🏚️ Property Maintenance
Property Blight
Significant RestrictionsSmithtown declares any structurally unsafe, unsanitary, fire-hazardous or dilapidated building unlawful and requires the owner to repair or demolish it once the Chief Building…
Vacant Lot Maintenance
Some RestrictionsSmithtown's Property Maintenance Ordinance makes every owner, tenant or occupier responsible for cutting, trimming or removing brush, grass, solid waste, garbage, rubbish and weeds…
Snow & Sidewalk Clearing
Some RestrictionsSmithtown's Property Maintenance Ordinance requires every property owner to keep steps, walks, driveways and parking areas safe to cross in normal weather, and specifically makes…
🌀 Hurricane Preparedness
🔧 Building Safety
Building Inspections
Some RestrictionsSmithtown requires a building permit before construction begins, and the Chief Building Inspector examines every site during and after the work before issuing a certificate of…
Plumbing Permits
Some RestrictionsSmithtown requires a separate plumbing permit alongside any building permit, with a detailed drawing of every fixture and heating unit and a hard cap on lead solder. Residential…
Building Permits
Some RestrictionsSmithtown requires a separate building permit from the Chief Building Inspector before almost any construction, alteration, demolition or change of use, with narrow exemptions for…
Green Building Code
Some RestrictionsSmithtown has no separate green building code; it instead adopts the New York State Energy Conservation and Construction Code in its entirety for all covered construction. The Town…
Electrical Permits
Some RestrictionsSmithtown requires a Building Department permit before any electrical wiring is installed or altered, and all work must conform to the National Electrical Code (NFPA 70). Inspections…
Elevator Maintenance
Some RestrictionsSmithtown requires owners of any building other than a one- or two-family home to have passenger elevators inspected every six months and freight elevators every 12 months by a New…
Childcare Center Rules
Significant RestrictionsSmithtown requires a Board of Appeals special exception for any day-care center or nursery school, with siting rules covering minimum lot size in residence districts, a passenger…
Carbon Monoxide Detectors
Some RestrictionsSuffolk CountySuffolk County requires a carbon monoxide detector whenever a new home heating system is installed in an existing one- or two-family residence, unless a working detector is already in…
Scaffold & Sidewalk Shed
Significant RestrictionsSuffolk CountySuffolk County requires anyone erecting, dismantling, repairing, or modifying a supported scaffold over 20 feet to hold a certificate proving completion of 32-hour OSHA scaffold safety…
🩺 Public Health Rules
Syringe Disposal
Significant RestrictionsSmithtown bans depositing hypodermic needles or syringes at any Town solid waste facility unless the needle has first been detached and destroyed, the syringe crushed and broken, and…
Rodent Control
Some RestrictionsSmithtown's Property Maintenance Ordinance bars rodent harborage on both open land and buildings. Yards, courts and vacant lots must stay clean and free of rodent harborage and…
Calorie Labeling
Some RestrictionsSuffolk CountySuffolk County contracts for food and beverages on county-owned property, parks concessions, cafeterias, and vending machines, must post caloric information for every item and meet…
🚷 Public Conduct
Outdoor Smoking Restrictions
Significant RestrictionsSmithtown Code Section 101-1C bans using an e-cigarette or smoking a lit cigarette, cigar or pipe anywhere in a Town park, beach, playground or facility, and within 50 feet of any Town…
Public Alcohol Use
Heavy RestrictionsSmithtown Town Code Chapter 94 makes it a violation to drink any alcoholic beverage, or to carry an open or unsealed container of one, in a public place: streets, sidewalks, parks…
Public Urination
Heavy RestrictionsSmithtown 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…
Loitering Rules
Significant RestrictionsSuffolk CountyLevel 2 and Level 3 sex offenders may not loiter within 100 feet of any playground, day-care center, public pool, video arcade, or youth center anywhere in Suffolk County.
Skateboarding Rules
Heavy RestrictionsSuffolk CountySkateboarding is prohibited on any property owned or operated by Suffolk County, including County parks, except in areas the County specifically designates for it.
🏪 Business Licensing & Operations
Secondhand Dealers
Significant RestrictionsAnyone buying, selling or dealing in junk, scrap metal or salvage in Smithtown, or operating a junkyard, needs a Town Board license and special permit before starting. Itinerant junk…
Towing Companies
Significant RestrictionsSmithtown requires every tow truck operating for hire in town to hold a Town Clerk permit under Chapter 281, the Tow Truck Ordinance. Permits run through the Department of Public…
Tobacco Retail License
Significant RestrictionsSmithtown zoning bars hookah lounges, vape stores or lounges, and smoke shops from locating within 1,500 feet of any park, playground, religious institution, or school lot line. The…
Adult Entertainment
Significant RestrictionsSmithtown's zoning code pushes adult retail shops and adult entertainment uses at least 500 feet from any residence district, park, playground, school, church or similar…
Pawnbrokers
Significant RestrictionsSuffolk CountySuffolk County licenses pawnbrokers under its Precious Metal and Gem Exchange law: anyone doing business as a collateral loan broker under NY General Business Law Article 5 must get an…
Tattoo & Body Modification
Significant RestrictionsSuffolk CountyOperating a tattoo or body-art studio in Suffolk County without a valid Body Art Establishment Permit is unlawful, and every artist must hold a Suffolk-issued Body Artist Certificate…
🛴 Mobility & Curb Rules
E-Bike Classes
Significant RestrictionsSmithtown Code Section 101-7C, added by Local Law No. 7-2026, bars operating an electric bicycle or motorized device inside any Town park, beach, trail or recreational facility unless…
Red-Light Cameras
Few RestrictionsSuffolk CountySuffolk County ran a red-light camera demonstration program under County Code Article VII, but the law's own sunset clause killed it: without a state-authorized extension, the program…
Bike Lane Rules
Some RestrictionsSuffolk CountyDrivers overtaking a cyclist on a Suffolk County road must give at least three feet of clearance, unless the road has a clearly marked bicycle lane, where the buffer rule doesn't apply.
Golf Carts & Low-Speed Vehicles
Significant RestrictionsNew YorkNew York draws a hard line between a golf cart and a low-speed vehicle. A low-speed vehicle is defined by Vehicle and Traffic Law § 121-f as a limited use automobile with a maximum…
🚶 Sidewalk & Pedestrian Rules
Sidewalk Repair
Some RestrictionsSmithtown 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…
Encroachment Permits
Some RestrictionsPrivate use of the Smithtown right-of-way that requires an encroachment easement, such as a structure or feature extending into Town land, costs $200 under the Highway Department's fee…
Obstruction Rules
Some RestrictionsSmithtown'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…
🎰 Gambling & Gaming
Charitable Bingo and Raffles
Some RestrictionsSmithtown requires a Town Board license before any charity can run bingo or games of chance. Only bona fide religious, charitable, veterans' or volunteer firefighter groups qualify…
Casino Zoning Districts
Significant RestrictionsNew YorkNew York's Upstate Gaming Economic Development Act divides the state into two casino development zones. Zone One is New York City plus Nassau, Putnam, Rockland, Suffolk, and…
Social Gambling Rules
Few RestrictionsNew YorkNew York's Penal Law never criminalizes playing a private card game or betting pool: it only criminalizes advancing or profiting from gambling. Penal Law § 225.00(3) protects anyone…
Sports Betting Law
Significant RestrictionsNew YorkSports betting is legal in New York only through operators licensed by the state Gaming Commission under Racing, Pari-Mutuel Wagering and Breeding Law Section 1367-a. Nine mobile…
☀️ Solar Energy
Panel Permits
Some RestrictionsSmithtown treats solar panels as standard permitted construction rather than fast-tracked work: the Town repealed its solar fast-track program in 2024, and installers now pay set fees…
HOA Restrictions
Significant RestrictionsNew YorkNew York's Solar Rights Act, Real Property Law Article 9-C, section 342, voids any homeowners' association rule that effectively bans rooftop solar. A restriction counts as an illegal…
🌳 Tree Protection
Protected Tree Species
Some RestrictionsSmithtown forces residential subdivisions to cluster, rather than spread across the whole parcel, whenever the land holds habitat for rare, threatened, endangered or protected plants…
Parkway Planting
Some RestrictionsEvery new subdivision in Smithtown must plant street trees along both sides of each street, spaced 40 to 60 feet apart and set three and a half feet back from the pavement edge. The…
🗺️ Zoning Overlays & Bonuses
🍔 Food Trucks & Mobile Vendors
Food Truck Permits
Some RestrictionsSmithtown requires every food truck, ice cream truck and coffee truck operator to hold a license from the Department of Public Safety before selling anywhere in town. Licenses run on…
Vending Zones
Significant RestrictionsSmithtown pins food trucks to private, commercial-zoned lots and keeps them off the public right-of-way. A truck has to sit at least 150 feet from any restaurant entrance or outdoor…
Sidewalk & Mobile Vending
Significant RestrictionsSuffolk CountyOperating a food truck, pushcart, or any mobile food unit anywhere in Suffolk County without a valid permit from the Department of Health Services is unlawful under Sanitary Code…
💡 Outdoor Lighting
Dark Sky Rules
Some RestrictionsEvery outdoor light fixture in Smithtown must be arranged so its source is hooded and not visible from the street or a neighboring residence. Section 322-26.A also bans flashing…
Light Trespass & Shielding
Some RestrictionsSuffolk CountySuffolk County requires all new or replacement outdoor light fixtures on County-owned buildings, parking lots and docks to be fully shielded, directing light downward, and to use bulbs…
🎋 Invasive Plant Rules
Bamboo Restrictions
Some RestrictionsSmithtown bans bamboo within 10 feet of any property line, street, sidewalk or public right-of-way. The Property Maintenance Ordinance places the duty on owners, tenants and occupiers…
Prohibited Species
Significant RestrictionsSuffolk CountySuffolk County prohibits selling, transporting, distributing or propagating any plant on the county's "Do Not Sell" invasive species list to anyone in or purchasing from the county…
🌱 Cannabis Regulations
Dispensary Zoning
Heavy RestrictionsSmithtown formally opted out of allowing cannabis retail dispensaries and on-site consumption sites anywhere in the Town. Adopted as Local Law No. 4-2021 under Cannabis Law Section…
Home Cultivation
Few RestrictionsNew YorkNew York law lets adults 21 and over grow cannabis at home and preempts municipalities from prohibiting it, setting uniform plant limits and secure storage requirements statewide.
📐 Building Setbacks & Zoning
Setback Rules
Some RestrictionsSmithtown's zoning code does not spell out district-by-district yard minimums in the base text (those sit in the Table of Dimensional Regulations attachment), but § 322-15.D sets a…
Lot Coverage Limits
Some RestrictionsSmithtown's zoning code does not print a general lot-coverage percentage in the base text (that lives in the Table of Dimensional Regulations attachment), but § 322-14.B sets a…
🚁 Drone Rules
Park Drone Restrictions
Significant RestrictionsSuffolk CountySuffolk County requires a permit from the Department of Parks, Recreation and Conservation before launching or landing a drone in any county park, with civil fines up to $500 and…
Recreational Drones
Heavy RestrictionsSuffolk CountyRecreational drone operation in Suffolk County is strictly limited by FAA airspace. Long Island MacArthur Airport (ISP) is Class C airspace extending to 4,400 ft in a 5 NM core with 10…
🎬 Filming & Production
Location Permits
Some RestrictionsSuffolk CountyFilming motion pictures, TV or still photography on Suffolk County property or facilities requires a Suffolk County film permit issued through the Department of Economic Development…
Student Filming
Light RestrictionsSuffolk CountySuffolk County waives film permit fees for student productions made under a New York-chartered school's curriculum, though a Suffolk County film permit is still required to shoot on…
🔑 Rental Property Rules
Source-of-Income Discrimination
Significant RestrictionsSuffolk CountySuffolk County law makes it illegal for landlords, sellers, and agents to refuse housing, land, or commercial space based on a renter's lawful source of income, including Section 8…
Section 8 Voucher Acceptance
Significant RestrictionsSuffolk CountySuffolk County's Human Rights Law bars landlords, sellers and lenders from refusing housing or setting worse terms because a tenant's rent is paid through a housing voucher or other…
Eviction Notice & Process
Heavy RestrictionsNew YorkBefore filing a nonpayment eviction, a New York landlord must serve a 14-day written rent demand under RPAPL Section 711. The demand requires, in the alternative, payment of rent or…
Repairs & Habitability
Heavy RestrictionsNew YorkReal Property Law Section 235-b imposes an implied warranty of habitability in every residential lease. Premises must be fit for human habitation and free of conditions dangerous to…
Just Cause Eviction
Heavy RestrictionsNew YorkNew York's Good Cause Eviction Law (RPL Article 6-A) limits evictions and rent hikes for covered tenants in NYC by default, with optional adoption by other municipalities.
Late Fees & Grace Periods
Heavy RestrictionsNew YorkReal Property Law Section 238-a, added by the 2019 HSTPA, caps residential late fees at $50 or 5% of the monthly rent, whichever is less, and bars any late fee until rent is more than…
Lease Termination & Notice to Vacate
Heavy RestrictionsNew YorkTo end a tenancy or decline to renew, a New York landlord must give written notice scaled to how long the tenant has lived in the unit under Real Property Law Section 226-c: 30 days…
Rent Increase Notice
Heavy RestrictionsNew YorkNew York requires advance written notice before a landlord raises rent 5% or more, or declines to renew a lease. The notice window scales with how long the tenant has lived in the…
Security Deposit Rules
Heavy RestrictionsNew YorkSince the 2019 Housing Stability and Tenant Protection Act, New York landlords cannot collect a security deposit larger than one month's rent. Within 14 days after a tenant vacates…
Squatter's Rights & Adverse Possession
Heavy RestrictionsNew YorkNew York's adverse possession period is 10 years of continuous, exclusive possession under RPAPL Sections 501 and 511. A 2024 budget amendment to RPAPL Section 711 clarified that…
🛍️ Single-Use Items
Plastic Cups
Significant RestrictionsSuffolk CountyEvery concession license and renewal at Suffolk County parks must bar the vendor from selling or handing out single-use plastic or nonbiodegradable cups, utensils, plates, trays…
Plastic Straw Rules
Some RestrictionsSuffolk CountySuffolk County restaurants and food service establishments may hand out single-use beverage straws and stirrers only when a customer asks for one, under a 2019 county law aimed at…
Takeout Containers
Heavy RestrictionsSuffolk CountySuffolk County bans polystyrene foam takeout containers outright. No food service establishment, mobile food commissary, or store may possess, sell, or offer any disposable foam…
Plastic Bag Rules
Heavy RestrictionsNew YorkThe New York Bag Waste Reduction Law (Environmental Conservation Law §27-2801, enacted 2019, enforced March 2020) bans most single-use plastic carryout bags statewide. Counties and…
Polystyrene Foam Rules
Some RestrictionsNew YorkNew York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.
🚬 Tobacco & Vaping
Flavored Tobacco Bans
Significant RestrictionsSuffolk CountySuffolk County bars retail tobacco and vape shops from even keeping already state-banned flavored liquid nicotine on the premises, closing a loophole in New York's retail flavor ban.
Tobacco Age Restrictions
Heavy RestrictionsNew YorkNew York Public Health Law §1399-cc raised the minimum age to purchase tobacco and vapor products to 21 (Tobacco 21 Act, signed 2019). New York also bans the sale of all flavored vapor…
🚜 Right to Farm
Farm Nuisance Protection
Some RestrictionsSuffolk CountySuffolk County Code Chapter 274 protects farms from nuisance lawsuits. Agricultural activities conducted with generally accepted agricultural practices, established before surrounding…
Agricultural Zoning Protection
Few RestrictionsNew YorkAgriculture and Markets Law Article 25-AA governs certified agricultural districts statewide and limits how local zoning can apply to working farms inside them.
💼 Employment Preemption
Minimum Wage Preemption
Heavy RestrictionsNew YorkNew York Labor Law §652 sets a tiered statewide minimum wage that leaves no room for local wage ordinances. As of January 1, 2026 the rate is $17.00/hr in NYC, Long Island, and…
Paid Leave Preemption
Heavy RestrictionsNew YorkNew York mandates paid sick leave under Labor Law § 196-b and paid family leave under Workers' Compensation Law Article 9, with statewide coverage that applies to nearly every private…
🔫 Firearms
Concealed Carry
Heavy RestrictionsNew YorkNew York requires a state-issued concealed carry license under Penal Law § 400.00, with mandatory training and a long list of statewide sensitive locations where carry is forbidden.
Firearms in Vehicles
Heavy RestrictionsNew YorkNew York Penal Law treats a vehicle as a public place for firearm purposes, requiring a valid pistol license to transport a handgun and strict storage rules for long guns and…
🏘️ HOA Rules
Assessment & Dues
Some RestrictionsNew YorkNew York has no comprehensive HOA act. Condominiums get a statutory common-charge lien under Real Property Law § 339-z that is foreclosable like a mortgage but junior to a first…
Board Procedures
Some RestrictionsNew YorkNew York homeowners association boards answer to Not-for-Profit Corporation Law Section 621. A member of record for at least six months, or a holder of five percent of any voting…
CC&R Enforcement
Some RestrictionsNew YorkNew York voids HOA bans on solar power and EV charging. Real Property Law § 342 (Solar Rights Act) makes any restriction effectively prohibiting a solar system unenforceable and void…
EV Charger Rights
Some RestrictionsNew YorkNew York's Electric Vehicle Rights Act, Real Property Law Article 9-D Section 343, bars homeowners' associations statewide from adopting rules that effectively prohibit or unreasonably…
Flag Display Rights
Few RestrictionsNew YorkNew York Real Property Law Section 339-j strips condominium boards of managers of the power to enforce any by-law, rule, or resolution against a unit owner who displays a United States…
Lien & Foreclosure Limits
Some RestrictionsNew YorkNew York creates an assessment lien by statute only for condominiums. Real Property Law § 339-z gives the board of managers a lien on each unit for unpaid common charges that outranks…
Rental Restriction Limits
Some RestrictionsNew YorkNew York condominiums have no inherent power to restrict unit leasing: under Real Property Law § 339-v(2)(a), by-laws "may also provide for" leasing restrictions only if the board…
⚖️ Know Your Rights
DUI Checkpoint Legality
Some RestrictionsNew YorkNo section of the New York Vehicle and Traffic Law authorizes sobriety checkpoints by name. The practice rests on Court of Appeals case law, chiefly People v. Scott, applied against…
Recording Police
Few RestrictionsNew YorkNew York is one of the few states that put the right to record police into its own statute rather than leaving it to case law. Civil Rights Law § 79-p, headed "Recording certain…
Stop & Identify Laws
Light RestrictionsNew YorkNew York has no stop-and-identify statute. Criminal Procedure Law § 140.50(1) lets a police officer who reasonably suspects a felony or a misdemeanor defined in the Penal Law stop you…
Vehicle Search & Consent
Some RestrictionsNew YorkNew York wrote an unusually specific rule into the Penal Law when it legalized adult-use cannabis: § 222.05(2) provides that no conduct made lawful by that section shall constitute the…
🚗 Vehicle Equipment Laws
Underglow & Auxiliary Lighting
Significant RestrictionsNew YorkVehicle and Traffic Law section 375(41) governs every light added to a New York vehicle beyond the lamps the law already requires, and it opens with a near total prohibition: no light…
Dash Cam & Windshield Mounting
Some RestrictionsNew YorkNew York grants a dash cam no designated place on the windshield. Vehicle and Traffic Law section 375(30) makes it unlawful to operate a motor vehicle with any object placed or hung in…
Lane Splitting & Filtering
Significant RestrictionsNew YorkNew York prohibits lane splitting outright. Vehicle and Traffic Law § 1252(c) makes it illegal to operate a motorcycle between lanes of traffic or between adjacent lines or rows of…
Plate Covers & Obstruction
Heavy RestrictionsNew YorkNew York does not allow license plate covers of any kind. Vehicle and Traffic Law § 402(1)(b)(ii-a) states flatly that number plates shall not be covered by glass or any plastic…
Radar Detector Rules
Few RestrictionsNew YorkNew York does not ban radar detectors in private passenger cars. Vehicle and Traffic Law section 397-a prohibits using a radar or laser detector only in a motor vehicle with a gross…
Studded Tire & Chain Rules
Some RestrictionsNew YorkNew York allows studded snow tires, but only within a fixed season and only within precise dimensional limits. Vehicle and Traffic Law § 375(35-a) makes it unlawful to drive a motor…
Window Tint Limits
Significant RestrictionsNew YorkNew York requires at least 70 percent light transmittance through the front windshield, both front side windows and the rear window under Vehicle and Traffic Law section 375(12-a)(b)…