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Town of Smithtown, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
[HISTORY: Adopted by the Town Board of the Town of Smithtown 5-22-1984. Amendments noted where applicable.]
A. 
Except as otherwise provided, only residents or taxpayers of the Town of Smithtown may use the Town parks and beaches, the adjoining parking fields, the boat loading and unloading ramps and other facilities contained within or adjacent thereto.
[Amended 7-27-2004]
B. 
No person shall be admitted to any park or beach who is under the age of six years unless accompanied by an adult. The accompanying adult shall assume full responsibility for the conduct and safety of such minor by his or her entry into the park or beach.
C. 
No person shall use an electronic cigarette ("vape") or smoke or possess a lighted cigarette, cigar, pipe or other smoking instrument in any Town park, beach, playground or facility; or in or within 50 feet of any Town building.
[Added 8-14-2012; amended 2-4-2020 by L.L. No. 5-2020]
No person in a park or beach shall:
A. 
Willfully mark, deface, disfigure, damage, displace or remove or otherwise tamper with structures or equipment, facilities or property or parts of appurtenances thereof, whether temporary or permanent.
B. 
Remove down timber or other wood or materials.
C. 
Construct or erect any structure, whether temporary or permanent, or install any public service utility, without a written permit from the Town Parks Supervisor.
No person in a park or beach shall:
A. 
Damage, cut, carve, transplant or remove or pick the flowers or seeds or damage or remove the bark of any trees, plants or shrubs.
B. 
Climb upon or attach any rope, wire or other contrivance to or tie or hitch any animal to any tree, plant or shrub.
C. 
Dig or remove any sod or soil.
No person in a park or beach shall:
A. 
Hunt or trap, or otherwise willfully kill, harm, frighten or molest or have in his or her possession the nest, eggs or young of any mammal or bird.
B. 
Give or attempt to give or offer any tobacco, alcohol, drugs, or any other noxious, offensive or poisonous substances to any animal, mammal or bird.
No person in a park or beach shall:
A. 
Throw, discharge or otherwise place or cause to be placed in the waters of the Long Island Sound or any fountain, pool or lake in or adjacent to any park or beach or in any tributary, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid.
B. 
Bring in or drop, deposit or leave any dirt, garbage or rubbish anywhere on park or beach grounds, except in the proper receptacles where these are provided.
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.
[Amended 1-9-1990]
No person in a park or beach shall:
A. 
Fail to comply with all of the applicable provisions of the Uniform Traffic Code of the Town of Smithtown as it relates to the equipment and operation of vehicles.
[Amended 1-9-1990]
B. 
Fail to obey any Town employee who is hereby authorized and instructed to direct traffic and parking in the parks and beaches and on the highways, streets and roads immediately adjacent thereto under the direction of the Town Parks Maintenance Director or Director of the Department of Public Safety.
[Amended 1-9-1990; 9-7-1993; 3-22-1994]
C. 
Fail to observe temporary or permanent traffic and parking signs and other signs posted at the direction of the Town Parks Maintenance Director, the Department of Public Safety or Traffic Safety Director.
[Amended 1-9-1990; 3-22-1994]
D. 
Fail to notify a Town employee of an emergency in the nature of a breakdown requiring the assistance of a tow truck and/or mechanic.
E. 
Use an established or designated parking area or any other location to wash, wax, perform maintenance or repair his or her or any other vehicle, except emergency repairs.
F. 
Park overnight, except that overnight parking at Town beaches will be permitted for vehicles of campers, boaters and fishermen with permits issued by the Town Clerk or the Town Parks Maintenance Director and displaying official Town parking permits or vehicles bearing Smithtown Bay Yacht Club stickers. Overnight parking of vehicles by campers, boaters or fishermen pursuant to this subsection shall only be authorized while occupants of the vehicles are actively engaged in such permitted activity.
[Amended 6-28-2005]
G. 
Drive any vehicle on any area except a paved road or established parking area or such other area as may be specifically designated by the Town Parks and Beaches Supervisor.
A. 
Bicycles.
(1) 
Bicycles may be ridden only on paved roads or paths designated for that purpose, in single file and as close to the right-hand side of the paving as conditions permit.
(2) 
Bicycles may be walked or pushed by hand over any grassy area, wooded trail, established or designated parking area or paved area designated for pedestrian use.
(3) 
No person shall ride any other person on a bicycle nor ride a bicycle between 30 minutes after sunset and 30 minutes before sunrise without an attached headlight visible at least 200 feet in front of, and a red taillight or reflector visible at least 100 feet to the rear of, such bicycle.
(4) 
No person shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available nor leave a bicycle lying on the ground or in any other place or position where other persons may collide with or be otherwise injured by it.
B. 
Overflights. Overflights of the parks, beaches, waters or waterways of the Town of Smithtown by ultralight powered flight vehicles at an altitude of less than 500 feet or by manned gliders, kites or other unpowered flight vehicles at any altitude are prohibited.
A. 
Bathing and swimming. No person in a park or beach shall:
(1) 
Swim, bathe or wade in any waters or waterways in or adjacent to any park or beach except in such places as are designated for such purposes and in compliance with the provisions of the Code of the Town of Smithtown and such supplementary regulations as may be issued by the Town Parks Maintenance Director.
[Amended 3-22-1994]
(2) 
Swim, bathe or wade in designated waters or waterways at hours of the day other than those designated by the Town Parks Maintenance Director or at times when such activity has been prohibited by the Director upon his finding that such would be dangerous or otherwise inadvisable.
[Amended 3-22-1994]
(3) 
Use any type of water equipment or other floating object or form of device that is prohibited by the Town Parks Maintenance Director upon his finding that such would cause inconvenience, injury or discomfort to bathers, except if such equipment is designed and intended for the protection of life.
[Amended 3-22-1994]
(4) 
Dress or undress on any beach or in any park, vehicle, washroom, rest room, walkway, road or among shrubbery or trees or any place open and subject to public view in any Town park or beach. Dressing or undressing shall take place in bathing houses or structures as may be specifically provided for that purpose.
[Amended 1-9-1990]
(5) 
Bring into or operate in or adjacent to any park or beach any boat, raft or other watercraft or fish in any waters or waterways designated for swimming, bathing or wading.
B. 
Peace and good order.
[Amended 7-22-1986; 1-9-1990]
(1) 
Indecent exposure prohibited. It shall be unlawful for any female person to appear on a public beach or park or walk or road or among shrubbery or trees or any place open and subject to public view in the Town's parks and/or beaches clothed or costumed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering or in such manner that her genitals, pubic area or buttocks are not covered with a fully opaque covering. It shall be unlawful for any male person to appear on a public beach or park or walk or road or among shrubbery or trees or any place open and subject to public view in the Town's parks and/or beaches clothed or costumed in such a manner that his genitals, pubic area or buttocks are not covered with a fully opaque covering.
(2) 
Excessive noise prohibited. No person shall, by the use of apparatus such as radios, cassettes, tape players or similar sound-producing devices or otherwise, cause loud, disturbing or excessive noises at Town beaches and parks, and such devices shall not be permitted to be used in areas designated at Town beaches as "radio-free zones."
[Amended 1-9-1990]
No person in a park or beach shall use, carry or possess firearms of any description or kind or air rifles, spring guns, bows and arrows, slings, BB guns or other forms of weapons or any kind of trapping devices potentially dangerous to humans and wildlife; nor shall any person use, carry or possess any instruments that can be loaded with and fire blank cartridges; nor shall any person shoot or propel any type of missile into parks or beaches from areas beyond their boundaries.
No person in a park or beach shall bring in or have in his possession or set off or otherwise cause to explode or discharge or burn any firecracker, torpedo, rocket or other fireworks or explosive or flammable material or any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous nor throw the same into any park or beach from land or a highway or water or waterway adjacent thereto.
No person shall take part in or about the playing of any games involving thrown or otherwise propelled objects, except in areas set forth for that purpose. The conduct of team sports, such as football or baseball, is prohibited except on the fields or courts or other type of playing areas provided therefor.
No person shall ride a horse, except on designated bridle paths and provided that the animal shall be properly broken and restrained and ridden with due care for the safety of other members of the public.
No person in a park or beach shall:
A. 
Enter or remain therein while under the influence of intoxicating liquor or nonprescribed controlled substances.
B. 
Sleep or protractedly lounge on the seats or benches or other areas.
C. 
Use loud, boisterous, threatening, abusive, insulting or indecent language.
D. 
Engage in any disorderly conduct or behavior tending to a breach of the peace.
E. 
Gamble or participate in or abet any game of chance.
F. 
Disturb or interfere unreasonably with any group of persons occupying any area or participating in any activity under a permit.
G. 
Fail or refuse to produce a permit or identification when requested to do so by any Town employee who desires to inspect the same for the purpose of enforcing any ordinance or rule.
H. 
Hold any meeting, make a speech or address, exhibit any performance or form any parade or procession in any park or beach without a permit from the Town Parks Maintenance Director.
[Amended 3-22-1994]
I. 
Solicit alms or contributions for any purpose, whether public or private, without a written permit from the Town Parks Maintenance Director.
[Amended 3-22-1994]
J. 
Bring a dog, except a guide dog, hearing dog or other dog actually used to aid the disabled, or other domestic animal into any Town park at any time nor to any Town beach during the period from April 1 to September 30, except in designated areas, such as dog parks, where dogs shall be permitted.
[Amended 1-9-1990; 11-30-2017 by L.L. No. 6-2017]
K. 
Bring to any Town park and beach any container, receptacle or bottle comprised of glass or glassware.
L. 
By the use of apparatus such as radios, cassette tape players, bullhorns or similar sound producing devices or otherwise, cause loud, disturbing or excessive noise at Town beaches and parks. No such device shall be permitted to be used in any area designated at any Town beach or park as a "radio-free zone."
[Added 7-22-1986; amended 1-9-1990]
[Amended 3-22-1994]
No person shall bring alcoholic beverages into or drink alcoholic beverages within the Town's parks or beaches, except that, under the regulations and control of the Town Parks Maintenance Director:
A. 
Sales of alcoholic beverages in individual servings and not in original packages or bulk will be permitted at designated recreation centers or refreshment stands where concession privileges have been granted.
B. 
Any person or groups of persons who have obtained a permit under § 101-18 may bring alcoholic beverages into parks or beaches for consumption only by such person or members of such group and consumption shall take place only in designated picnic areas.
C. 
The marina concession stand at Long Beach may sell alcoholic beverages in their original packages or in bulk for consumption only on the patrons' boats.
No person in a park or beach shall:
A. 
Picnic in a place other than those designated for that purpose by the Town Parks Maintenance Director.
[Amended 3-22-1994]
B. 
Reserve or attempt to reserve or prohibit the use by others of fireplaces, tables or beaches. All facilities are on a first-come-first-serve basis.
C. 
Exclude others from any portion of the picnic areas or of any of the buildings or structures therein.
D. 
Retain the use of an area and facilities for an unreasonable time if the park or beach is crowded.
E. 
Ignite or maintain a fire on any beach except in designated areas at Short Beach, Landing Avenue Park, Callahan's Beach, Schubert Beach/Park, Bill Richards Park, Hoyt Farm and Veterans Memorial Park, or in other than a fireplace in any park, or leave a fire which has not been completely extinguished.
[Amended 12-10-1996]
[Amended 1-9-1990; 6-9-1992; 3-22-1994; 6-11-1996; 12-10-1996; 4-14-2009; 12-11-2012; 12-17-2019]
No camps of any description are to be maintained in any park or beach without first filing an application and obtaining a permit from the Town Parks Maintenance Director. Such permits may be granted on a first-come-first-serve basis as space limitations prove. The fee for said camping permit shall be payable in advance at a rate of $35 per permit per day (maximum 10 persons per permit). Fees may be changed from time to time at the discretion of the Town Board.
[Amended 3-22-1994; 10-25-2012]
A. 
No person in a park or beach shall:
(1) 
Display or offer for sale any article, nor shall he or she station or place any stand, cart or vehicle for the transportation, sale or display or any such article within a park or beach.
(2) 
Announce, advertise or otherwise call public attention in any way to any article or service for sale or hire.
(3) 
Post any sign, placard, advertisement or inscription without a written permit from the Town Parks Maintenance Director.
(4) 
Use any park or beach property for commercial, business or professional purposes involving the sale of any article or the rendering of any service for a fee, except for those activities as may be authorized and defined by the Town Board by license, concession or permit.
B. 
The provisions of this section shall not apply to any established nonprofit group organized and operated exclusively for religious, cultural or charitable purposes, if the solicitations are conducted among the members or officers of the group and there is no remuneration for taking such solicitations and with the expressed written permission of the Town Parks Maintenance Director.
[Amended 3-22-1994; 6-11-1996; 12-10-1996]
A. 
Groups of 11 or more persons must obtain a permit to use the parks and beaches payable in accordance with the following schedule:
[Amended 5-27-2003; 4-14-2009; 12-11-2012; 12-17-2019; 9-22-2022 by Res. No. 2022-845]
Number of People
Fee
Town park facilities
Schubert Beach and Hoyt Farm Pavilion
11 to 50
$125
51 to 100
$250
People exclusively under pavilion: Schubert's
$350
101 to 200 – Hoyt
$350
201 to 300
$450
301 to 400
$550
401 to 500 – whole picnic area: Schubert's
650
For each additional 100 thereafter
$100
Long Beach facilities
Large pavilion
11 to 50
$125
51 to 100
$250
101 to 200
$350
Small pavilion (water view)
11 to 25
$100
Picnic areas - no pavilion
11 to 50
$100
51 to 100
$150
101 to 200
$250
201 to 300
$350
301 to 400
$500
Other Town beach facilities
11 to 50
$50
51 to 100
$100
101 to 200
$225
201 to 300
$325
301 to 400
$500
For each additional 100 thereafter
$100
B. 
The application must be filed by an adult resident of the Town of Smithtown with the Town Parks Maintenance Director, who will then issue the permit, subject to the following conditions:
(1) 
The applicant must accept responsibility for the conduct of members of the group and assume liability for any and all injuries to persons or property arising from the acts of any members of the group.
(2) 
The group's activities must be restricted to areas designated for such purposes.
(3) 
The permit will specify the facility for which it was granted but does not give the group exclusive use of the same.
(4) 
All automobiles used by members of the group must bear the official Town parking permit or season permit. The fee for nonresident parking at facilities designated by the Town Parks Maintenance Director, on a per-vehicle basis, shall be $12 per vehicle, per day, for Town park facilities and $12 per vehicle, per day, for Town beach facilities. Fees may be changed from time to time at the discretion of the Town Board.
[Amended 4-14-2009; 12-11-2012]
(5) 
Town Parks Maintenance Director or his authorized representative may require the surrender of permits issued under this section for violation of any of the provisions of this chapter.
(6) 
Any and all permits for the use of Town parks and beaches may be revoked at any time at the discretion and direction of the Town Parks Maintenance Director.
(7) 
The permit shall expire 1/2 hour after sunset of the day for which it was granted.
(8) 
Any person or group of persons wishing to bring alcoholic beverages into parks or beaches for consumption therein shall apply to the Town Parks Maintenance Director who shall issue a permit which shall allow them to consume such beverages in designated picnic areas only, subject to all the conditions of this § 101-18.
A. 
The Town Parks Maintenance Director may close any section or part of any park or beach entirely or merely to certain uses, for any interval of time, either temporarily or at regular and stated intervals.
[Amended 3-22-1994]
B. 
No person shall enter or remain in any park or beach more than 1/2 hour after sunset. No person shall park any motor vehicle at any park or beach more than 1/2 hour after sunset, except as provided in § 101-6F.
A. 
No person shall park any motor vehicle at any time in the parking fields adjoining the Town parks and beaches or elsewhere within the confines of said parks and beaches, unless the vehicle bears a sticker duly issued by the Town Clerk or the parking of the vehicle at such locations is otherwise authorized. Residents or taxpayers of the Town of Smithtown may obtain such stickers from the Town Clerk, or such Town employee as he or she may designate, for all motor vehicles owned by the resident or taxpayer or provided by his or her employer. Each sticker shall be permanently affixed to the window of the motor vehicle for which it was issued. Stickers lost or defaced may be reissued upon surrender of the permit registration. All such stickers will only be deemed valid during the time period designated on the face thereof.
[Amended 7-27-2004]
B. 
Residents or taxpayers who do not own a motor vehicle or have possession of one provided by his or her employer shall be issued a parking permit card by the Town Clerk. This card will enable the motor vehicle of which the holder is an occupant to park in the parking fields adjoining the Town beaches or elsewhere within the confines of said beaches. This card shall be nontransferable and must be signed at the time it is issued by the holder in order to be validated.
C. 
Any person, who is not a resident or taxpayer of the Town of Smithtown, displaying a parking sticker or any resident or taxpayer who obtains more than one parking sticker per motor vehicle without surrendering his or her permit registration for reissue due to loss or defacement shall be subject to a fine of $50.
[Amended 1-9-1990]
D. 
Any person, who is not a resident or taxpayer of the Town of Smithtown, who holds a parking permit card or any resident or taxpayer who holds more than one parking permit card shall be subject to a fine of $50.
[Amended 1-9-1990]
Any resident or taxpayer of the Town of Smithtown shall be allowed, as his or her guests, the occupants of any motor vehicle in which he is a passenger and for which he holds a parking sticker or card. No fee shall be required for any such guest.
The Town Clerk may, on affidavit of a sponsor who is the owner of a cottage or the proprietor of a boardinghouse within the Town of Smithtown, whose name shall be noted thereon, issue a season permit to any nonresident who has rented a cottage or is boarding within the Town for a period of more than one week. Such permit shall permit the nonresident to park his or her motor vehicle in the parking fields adjoining the Town parks or beaches. This permit shall be nontransferable and must be signed by the holder at the time it is issued in order to be validated. The fee for this season permit shall be $5 for each two-week period, shall be issued for a definite period of time and shall bear an expiration date. The Town Clerk shall have the names of sponsors, and permits must be surrendered to the Town Clerk at the end of the two-week period.
A. 
The Town of Smithtown shall not be responsible in any manner for the damage or theft of any personal articles from any location on parks and beaches or the damage or theft of any motor vehicle while upon any of the parks or beaches or adjacent roadways.
B. 
The Town of Smithtown shall not be responsible for any injuries as a result of the use of the Town parks and beaches, which is an assumption of the risk by the user.
A. 
The Town Board of the Town of Smithtown may dedicate portions of parks and beaches or other land owned by the Town to a nature preserve for the purpose of preserving and protecting scenic values, unique flora or fauna, geological formations or other natural features, which land shall not thereafter be disposed of or used for any other purpose. If the title to land has been acquired by the Town of Smithtown through philanthropy, however, donors shall have the right to designate into which of the classification areas hereinafter set forth the land will be placed.
B. 
Land endowed to the Town for purposes of protection, maintenance or development and conservation or scenic easements may also be included in nature preserves.
C. 
The following classification areas may be included in a nature preserve:
(1) 
Fragile areas:
(a) 
Shall not have paths, buildings or other man-made uses constructed thereon but may have limited parking facilities.
(b) 
May be used only by organized groups, by appointment only, to pursue educational and scientific activities.
(2) 
Conservation areas:
(a) 
May have nature centers, trails for the independent study of native plants and wildlife, buildings for interpretive classes and full parking facilities.
(b) 
May be used by the general public for educational and cultural purposes.
(3) 
Buffer areas:
(a) 
Shall be located between differing classification areas or between any classification area and active recreation areas of parks and beaches or existing zoned land and shall be left in their natural state.
(b) 
May not be used by any person for any purpose other than ingress and egress to or from other areas or lands, through designated corridors.
D. 
All other sections of this chapter applying to the use of Town parks and beaches shall apply to the use of nature preserves, except where the provisions of this section are more restrictive.
A. 
In view of the danger of erosion caused thereby, no person shall move, remove or destroy any grass or natural growth of vegetation whatsoever from any lands in the Town of Smithtown on the beaches, dunes and cliffs adjacent to the Long Island Sound, except as herein provided. This prohibition shall apply to an owner of the whole or of any interest in said lands, to any lessee, tenant or occupant thereof and to any person whatsoever, whether or not legally or illegally upon said lands.
B. 
Application for permit.
[Amended 5-8-2007]
(1) 
The Building Director of the Town of Smithtown is hereby authorized and empowered to issue a written permit for the taking, destroying, moving, transplanting or replanting of beach grass or natural vegetation in the beach areas, subject to any rules and regulations adopted by the Town Board of the Town of Smithtown, if the issuance of the permit will not cause or contribute to the erosion of said lands.
(2) 
An applicant for a permit shall file with the Building Director of the Town of Smithtown a verified application, in duplicate, for such permit. The application shall set forth:
(a) 
The name of the applicant.
(b) 
His or her interest in the area concerned.
(c) 
If the applicant is not the owner, his or her right or authority to do the work under the permit.
(d) 
A description of the area concerned.
(e) 
The reason for the application.
(f) 
If the area concerned is to be improved with a structure, an agreement to replant the adjacent area, or, if the area concerned is not to be improved, an agreement to replant the area from which the beach grass or vegetation is removed.
(g) 
The time within which the work under the permit will be commenced and completed.
(h) 
An agreement to comply with the requirements of the Building Director of the Town of Smithtown and any rules and regulations adopted by the Town of Smithtown pursuant hereto.
[Added 12-11-1984]
Payment of the following fees shall be required for purposes of gaining admission to the educational programs offered at Hoyt Farm:
A. 
Group rates:
(1) 
Residents: $1 per person or $20 flat fee for a group of 20 to 35.
(2) 
Nonresidents: $1.25 per person or $30 flat fee for a group of 20 to 35.
(3) 
Groups in excess of 35 shall pay a fee as above stated, plus $1 for each additional person.
[Added 4-14-2009[1]]
No association, organization, or group of 15 or more persons shall make use of or attempt to make use of any Town recreational field without first filing a written application and obtaining a recreational field permit from the Town Recreation Department, together with payment of any charge or fee as may be fixed by resolution of the Town Board. Town recreational fields shall include any Town-operated field utilized for baseball, softball, soccer, football, lacrosse or other similar athletic activity.
[1]
Editor's Note: This ordinance also renumbered former § 101-27 as § 101-29.
[Added 4-14-2009]
The Town Board may modify, from time to time, any charge or fee set forth under this chapter by Town Board resolution.
[Amended 1-9-1990; 7-14-1992]
Any person, firm, association or corporation violating any of the provisions of any ordinance of the Town of Smithtown shall be guilty of an offense punishable by a fine or imprisonment, or both. However, for the purposes of confirming jurisdiction upon courts and judicial officers, such violations shall be deemed to be a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person, firm, association or corporation violating any provisions of any ordinance of the Town of Smithtown shall be subject to a penalty in a sum not exceeding $250 for the first such violation or imprisonment not exceeding 15 days; and up to and not exceeding $1,000 for any subsequent violations. In addition to such fine, the defendant shall pay all costs and expenses incurred by the Town in determining such violation. The foregoing shall be in addition to all other remedies available under law to the Town or the Town Board.