Weird Laws in New York

The state of New York has many laws, and many of them are rather odd. Some seem to come from another century, a few are oddly specific, and several sound made up, but they are real and can still get you a ticket.

Here’s a look at some of the weird laws New York has had on its books, which ones are still enforced, and why some of them are important if you’re ever in an accident.

Adultery Was a Crime Until 2024

For more than 100 years, cheating on your spouse was a crime in New York. Adultery was a Class B misdemeanor punishable by up to three months in jail. The law, dating to 1907, was enforced only a handful of times in recent decades. Lawmakers finally repealed it in 2024.

Wearing a Mask in Public Used to Be Illegal

Before 2020, the city’s anti-loitering statute made it illegal for groups of three or more people to gather in public while wearing masks or other disguises. This weird law in New York goes back to the 1840s, when tenant farmers disguised themselves to attack rent collectors.

Masks became a public health measure during the COVID-19 pandemic, and the legislature repealed the provision in 2020. The state has continued to debate mask-related crimes since then, so this area of law is still changing.

Fortune Telling Is a Misdemeanor (Unless It’s Just for Fun)

New York Penal Law § 165.35 makes fortune telling a Class B misdemeanor. The law covers anyone who accepts money to “tell fortunes,” cast spells, or claims to use occult powers to answer questions or give advice.

The exception is entertainment. The law excludes fortune telling done “for the purpose of entertainment or amusement.” That’s why boardwalk psychics and party tarot readers often post disclaimers. Prosecutions usually involve fraud schemes in which a “psychic” persuades a victim to hand over large sums to lift a curse.

Women Can Legally Go Topless

Many people are surprised that women in New York can legally go topless anywhere men can. In People v. Santorelli (1992), the New York Court of Appeals held that the state’s exposure law could not be used to prosecute women for baring their chests in public. The NYPD issued formal guidance confirming this in 2013.

Ice Cream Trucks Can’t Play Their Jingle While Parked

New York City’s noise code also covers ice cream trucks. Mobile food vendors can play their jingle only while the truck is moving. Once it parks to serve customers, the music has to stop. The rule was part of a 2007 noise code update meant to reduce complaints from residents who heard the same tune for hours.

Honking Your Horn Can Get You Fined

In New York City, honking in traffic can be a violation. The city’s Administrative Code says drivers may sound their horns only to warn of danger. “Unnecessary” honking can bring a fine of up to $350.

Anyone who has sat in Midtown traffic knows this law isn’t strictly enforced. It is real, though, and it shows how seriously the city takes noise.

Dog Bite Victims Can Only Claim Costs

The weird laws in New York also extend to dog bites. Many states hold owners fully responsible for any bite. In New York, owners are strictly liable only for the victim’s medical costs.

To recover more, such as compensation for pain and suffering, a victim generally has to prove the owner knew or should have known the dog had “vicious propensities.” Many injured people don’t learn about this rule until they file a claim.

Weird Driving Laws in New York

Some of the weird New York laws apply to drivers. These matter far more than fortune-telling because breaking them can affect who is found responsible after a crash.

Hanging Things From Your Rearview Mirror

Air fresheners, parking passes, graduation tassels, and rosaries hang from rearview mirrors all over the state. However, under Vehicle and Traffic Law § 375(30), it’s illegal to drive with anything hanging or placed in a way that obstructs the driver’s view through the windshield. Police can and do issue tickets for it, and it’s sometimes used as a reason for a traffic stop.

Wearing Headphones in Both Ears

New York prohibits drivers from wearing more than one earphone attached to an audio device while operating a vehicle. One earbud for a hands-free call is allowed, but two earbuds blasting a playlist are not. The idea is that drivers need to hear sirens, horns, and other warnings.

Having a TV Visible to the Driver

This is a weird law in New York that makes sense, as it removes a safety risk. Under the law, you can’t have a television or video screen the driver can see while the car is moving. GPS and navigation displays are exempt, but streaming a movie on a dashboard screen is not.

Window Tint Limits

New York has some of the strictest window tint laws in the country. Front-side windows must allow at least 70% of light in. Dark tint can lead to a ticket and a failed vehicle inspection.

Myth: Driving in Flip-Flops Is Illegal

Not every “weird law” you see online is real. A common myth says New York bans driving barefoot or in flip-flops. However, no such law exists. That said, if loose footwear causes your foot to slip off the brake, it could still be used as evidence that you weren’t driving carefully.

Why Weird Laws Can Still Impact an Accident Claim

Most of these weird laws in New York make good trivia, but traffic laws are different. Even a minor violation can come up in a personal injury claim.

New York follows a pure comparative negligence rule. If you’re injured in an accident, your compensation can be reduced by your share of fault. For example, if a jury decides you were 20% responsible, your recovery is reduced by 20%. An insurance company may argue that a tassel on your mirror blocked your view, or that wearing earbuds kept you from hearing a horn, to shift some of the blame onto you.

New York car accident claims have other rules worth knowing:

• No-fault insurance: Your own insurance generally pays your medical bills and lost wages first, no matter who caused the crash.
• The “serious injury” threshold: To sue an at-fault driver for pain and suffering, you generally must show a “serious injury” as defined in Insurance Law § 5102(d), such as a fracture, significant disfigurement, or a significant limitation of use of a body part.
• Deadlines: Most personal injury lawsuits in New York must be filed within three years (CPLR § 214), and claims against government entities have much shorter notice deadlines.

Some of New York’s laws are funny, but an injury claim isn’t. If you’ve been injured due to someone else’s carelessness, a small detail can affect how much you recover. An experienced personal injury attorney can explain how New York law applies to your situation and help protect your rights.

Contact Munley Law today for a free consultation. There’s no fee unless we win your case.