[HISTORY: Adopted by the Common Council of
the City of Oneida 8-2-2000. Amendments noted where applicable.]
It shall be unlawful for any person under the
age of 16 years old to remain in or upon any public street, park,
vacant lot or other public place between the hours of 12:00 midnight
and 5:00 a.m.
Exemptions to the curfew are as follows:
A.
Any time that the minor is accompanied by his or her
parent, legal guardian or other responsible person over the age of
21 years of age and approved by the minor's parent or legal guardian.
B.
If the minor is on an errand as directed by his or
her parent or legal guardian.
C.
If the minor is legally employed, for the period from
1/2 hour before to 1/2 hour after work, while going directly between
his or her home and place of employment. This exception shall also
apply if the minor is in a public place during the curfew hours in
the course of his or her employment. To come under the exception,
the minor must be carrying a written statement from the employer attesting
to the place and hours of employment.
D.
Until the hours of 12:30 a.m., if the minor is on
the property of or the sidewalk directly adjacent to the building
in which he or she resides or the building immediately adjacent thereto,
if the owner of the adjacent building has not objected to the minor
and the police.
E.
If the minor is coming directly home from a school
activity or an activity of a religious or other voluntary association
or a place of public entertainment such as a movie, play or sporting
event. This exception will apply for 1/2 hour after the completion
of such event, but in no case beyond 12:30 a.m. If the event is not
commercial entertainment in nature and does not have a fixed, publicly
known time at which it will end, the sponsoring organization must
register the event with the Police Department at least 24 hours in
advance, informing it of the time such event is scheduled to begin,
the place at which it shall be held, the time at which it shall end
and the name of the sponsoring organization.
F.
If the minor is exercising the First Amendment rights
protected by the Constitution, such as the free exercise of religion,
speech or assembly, provided the minor first has given notice to the
City Manager by delivering a written communication signed by the minor
and countersigned by a parent or guardian of the minor which specifies
when, where, in what manner and for what First Amendment purpose the
minor will be on the streets at night during the curfew period.
[Amended 7-18-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
A.
A police officer who has probable cause to believe
that a minor is in violation of this chapter shall take such minor
to the police station or to the minor's residence and immediately
notify the minor's parent or guardian. If after investigation there
is still probable cause to believe that the minor was violating this
chapter, the minor, if brought to the station, shall be held until
the parent or guardian arrives to take the minor home. When the parent
or guardian arrives, he or she must be given a copy of this chapter.
If no parent or guardian is available, the minor shall be turned over
to the custody of the juvenile authorities until a parent or guardian
can take custody of him or her.
B.
In the case of a first violation by a minor, the police
shall warn the minor and notify the parent or guardian of the warning.
The warning shall include notice that further violations will result
in imposition of the penalties provided by the law. In the case of
a second violation, the minor shall be dealt with in accordance with
the New York State Family Court Act, or the minor may be issued a
Youth Court appearance ticket to appear before the City of Oneida
Youth Court.