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Smithtown, NY Trash & Recycling: Illegal Dumping (2026)

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

Key Facts

Key section
§ 177-100.1, added 2024
First offense fine
$5,000 to $10,000
First offense jail
Up to 60 days
Repeat offense fine
$10,000 to $20,000
De minimis exception
Litter under 10 sq. ft.

Summary

Smithtown 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 2024 local law makes a first offense punishable by a $5,000 to $10,000 fine or up to 60 days in jail.

It shall be unlawful for any person, his or her agent, employee or any person under his or her control to suffer or permit any garbage, hazardous waste, liquid waste, litter, rubbish, solid waste, construction or demolition debris, whether processed or not, or debris of any sort or any other organic or inorganic material or other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, park, public place or other area whether publicly or privately owned, except for the disposing of solid waste at a permitted and licensed public or private disposal facility.

Full Breakdown

1, added February 22, 2024 by Local Law No. or any other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, park, public place or other area whether publicly or privately owned," except at a permitted, licensed disposal facility. The section carves out a narrow exception: causing a quantity of litter measuring less than 10 square feet to be placed or thrown on the ground is not deemed "dumping" under this provision.

This 2024 addition sits alongside the older § 177-100, "Private dumps prohibited," which separately bars maintaining any dump, solid waste or abandoned vehicles on property, but does not carry the same enhanced penalty. 1 with its own escalating penalty scale rather than folding it into the general chapter penalty, signaling that vehicle-borne dumping is treated as more serious than an ordinary solid-waste violation. Each day the dumped material remains constitutes a separate, additional violation, so a truckload left on a vacant lot for a week can generate a week's worth of separate charges rather than a single fine.

Violations & Fines

Under § 177-111B, a first violation of § 177-100.1 is an unclassified misdemeanor punishable by a fine of $5,000 up to $10,000 or imprisonment of up to 60 days, or both. A second or subsequent conviction carries a fine of $10,000 up to $20,000 or imprisonment of not less than 60 days nor more than six months, or both, and each day the violation continues is a separate additional violation.

Frequently Asked Questions

What counts as illegal dumping under Smithtown's code?
Section 177-100.1 covers garbage, hazardous or liquid waste, litter, rubbish, solid waste, or construction and demolition debris being transported in a dump truck or other vehicle and then dumped or deposited on any street, lot, park or public or private area, unless it goes to a permitted disposal facility.
How much can I be fined for dumping in Smithtown?
A first offense under § 177-100.1 carries a fine of $5,000 up to $10,000 or up to 60 days in jail, or both, under § 177-111B. A second or later conviction jumps to a $10,000 to $20,000 fine or 60 days to six months in jail, or both.
Is a small amount of litter treated as illegal dumping?
No. Section 177-100.1 specifically states that causing a quantity of litter measuring less than 10 square feet in area to be placed or thrown on the ground is not deemed dumping under that section.

Sources & Official References

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