[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 Mayor 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.
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.
