Oneida, NY Public Conduct: Loitering Rules (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.
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?
Where does Oneida's loitering law apply?
What is the penalty for loitering in Oneida?
Who can order someone to stop loitering in Oneida?
Sources & Official References
Other rules in Oneida
New York rules heatmap·Compare Oneida to another location·View the New York public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.