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Oneida, NY Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered locations
Streets, alleys, parks, stairways, halls
Trigger
Refusal to move on/leave when ordered
Who can order compliance
Police, peace officer, or occupant
Classification
Misdemeanor, § 113-2
Default penalty
Up to $1,000/1 yr, § 1-14

Summary

Oneida, Madison County, New York makes it a misdemeanor to loiter in streets, alleys, parks, public places, or building stairways and halls without an apparent lawful purpose and then refuse to move on or leave when ordered by police or the property's occupant, under City Code § 113-2.

Any person found loitering in any of the streets, alleys, parks or public places in the corporation tax district, or loitering or concealed in the stairway or hall of any building without any apparent lawful purpose or business, and who neglects or refuses to move on at the request of any policeman or police officer, if in a street, alley, park or other public place, or to leave at the request of any peace officer, or the owner or occupant of the building if so found in a stairway or hall, shall be guilty of a misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996966; v33 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Section 113-2 of the City of Oneida Code, part of Chapter 113, Peace and Good Order, targets loitering that continues after a lawful order to stop. The provision reaches two settings: loitering in streets, alleys, parks or other public places within the corporation tax district, and loitering or concealment in the stairway or hall of any building, without any apparent lawful purpose or business. Neither setting alone is the violation; the offense is completed only when the person neglects or refuses to move on after being asked by any policeman or police officer in the outdoor setting, or refuses to leave after being asked by any peace officer or by the building's owner or occupant in the stairway or hall setting.

A person who complies with the request to move on or leave commits no offense under this section. L. No. 2-1996) separately criminalizes public indecency and indecent exposure as Class A misdemeanors. Unlike § 113-5, § 113-2 does not spell out its own fine or jail term beyond declaring the offense a misdemeanor; because Chapter 113 sets no chapter-specific penalty schedule, the citywide general penalty in § 1-14 fills the gap, exposing a violator to a fine up to $1,000, imprisonment up to one year, or both, with each day of a continuing violation counted separately.

Violations & Fines

A completed violation of § 113-2, loitering plus refusal to move on or leave when lawfully ordered, is declared a misdemeanor. Because Chapter 113 sets no separate fine schedule, the citywide general penalty in § 1-14 applies: a fine up to $1,000, imprisonment up to one year, or both, with each day a continuing violation persists treated as a separate offense.

Frequently Asked Questions

Is loitering itself illegal in Oneida?
Not by itself. City of Oneida Code § 113-2 only becomes a violation when a person loitering without apparent lawful purpose refuses to move on or leave after being asked by a police officer, peace officer, or the building's owner or occupant.
Where does Oneida's loitering law apply?
It covers streets, alleys, parks and other public places within the corporation tax district, as well as the stairway or hall of any building, under § 113-2.
What is the penalty for loitering in Oneida?
Section 113-2 declares the completed offense a misdemeanor. Since Chapter 113 sets no separate fine, the citywide general penalty in § 1-14 applies: up to $1,000 in fines, up to one year in jail, or both.
Who can order someone to stop loitering in Oneida?
In a street, alley or park, any policeman or police officer can order a person to move on. In a building stairway or hall, any peace officer, or the building's owner or occupant, can order the person to leave.

Sources & Official References

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