the issue: 500 ft vs 150 ft setback in Smithtown.
SMITHTOWN, NY — The Town of Smithtown on Wednesday reiterated that anyone who fires a bow and arrow too close to a home that isn't theirs is subject to a summons.
Town officials cited an increase in complaints from residents with regards to new tree stands appearing on adjacent properties within 500 feet of houses. The only exception to the ordinance, which bans the firing of a bow and arrow near residential property, is if the house belongs to the bowman or the homeowner gave them written consent.
A New York state appeals court in August struck down a Town of Smithtown law preventing bow hunting in most of the town, Newsday reported.
The town stated it could still issue summons to those who break the ordinance.
"Recently, the Town of Smithtown was granted permission to appeal a lower court's invalidation of the Town's firearms code," the town stated. "The town was also granted relief from the State's highest court authorizing the Town to enforce it's 500 foot rule until the appeal is decided."
The town's ordinance is not enforceable in the villages of Nissequogue, Head of the Harbor or the Village of the Branch. Residents within these villages were asked by Smithtown officials to contact their village hall for information about the use of a bow and arrow or other firearms in those jurisdictions.