How Appleton Handles Public Conduct: A Practical Guide

Appleton maintains 122 local ordinances across all categories, and 6 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Appleton falls on the strict-to-permissive spectrum compared to other cities.

Public Alcohol Use

Appleton bans drinking from, opening, or carrying an open container of fermented malt beverage or intoxicating liquor on any public highway, adjacent sidewalk, or a publicly or privately owned parking lot open to the public, under Municipal Code § 10-14. It is a citable violation of Chapter 10's public offenses.

Key details: Coverage: Bans open containers on highways and sidewalks. Parking lots: Covers public and private lots open to public. Exception: Licensed sidewalk cafe servers only. First offense: Forfeits $1 to $200. Repeat offense: Forfeits $10 to $500.

A violation of § 10-14 is prosecuted under the Code's general penalty, § 1-16: a first offense forfeits $1 to $200 plus prosecution costs, and a second offense for open-container conduct forfeits $10 to $500, with county jail possible if the forfeiture and costs go unpaid. Officers can issue an on-the-spot citation under § 1-17 and accept a cash deposit under § 1-18 in place of a court date.

Public Urination

Appleton bans urinating or defecating anywhere outside a designated sanitary facility in public view, including sidewalks, streets, alleys, parking lots and ramps, parks, playgrounds and cemeteries, under Municipal Code § 10-45. The ban also reaches private property visible to the public and restroom-less halls, stairways and elevators.

Key details: Prohibition: Bans public urination and defecation outright. Locations: Covers streets, parks, ramps, and cemeteries. Private property: Reaches property visible to the public. Buildings: Also covers restroom-less common areas. First offense: Forfeits $1 to $200.

Because § 10-45 sets no penalty of its own, a violation is prosecuted under the Code's general penalty in § 1-16: a first offense forfeits $1 to $200 plus prosecution costs, and a second or later offense for the same conduct forfeits $10 to $500, with county jail possible if the forfeiture goes unpaid.

Skateboarding Rules

Appleton bans skateboards, inline skates and roller skates in a defined downtown zone around Jones Park and in every City-owned parking ramp and lot. Violating the article carries up to a five-dollar penalty, and parents can be held liable for letting a child violate the rule.

Key details: Downtown ban zone: Franklin/Lawrence/Richmond/Drew Streets area. Citywide ban area: All City-owned parking ramps and lots. Max penalty: $5 fine. Parent liability: Parents/guardians can be cited too. Repealed rule: Pedestrian-bridge ban repealed by Ord. 75-94.

Skateboarding, inline skating or roller skating in the banned downtown zone or in any City-owned parking ramp or lot is punishable under § 19-162 by a fine of not more than five dollars, plus removal of a bicycle registration tag for up to thirty days where the rider has one. Section 19-163 extends liability to a parent or guardian who knowingly permits a minor to violate the restriction.

This is one of the stricter rules in Appleton's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Outdoor Smoking Restrictions

Appleton bans smoking or tobacco use within 20 feet of entryways to city-owned buildings, in a defined zone around the Transit Center and Public Library, in posted city parks, and within 20 feet of park playground equipment and the Appleton Skate Park. Violations carry forfeitures up to $500 under Sec. 7-100(d) and (j).

Key details: Entryway buffer: 20 feet from city building entries. Playground buffer: 20 feet from equipment. Skate park: Banned at Telulah Park skate park. First offense forfeiture: Up to $125. Repeat offense forfeiture: Up to $500.

Sec. 7-100(j)(1) sets a forfeiture of no more than $125 for a first offense and no more than $500 for a second or subsequent offense, with each day of a continuing violation treated as a separate offense. Sec. 7-100(k)(2) layers on any additional penalty available under Wis. Stat. Sec. 101.123 when both laws are violated, and City employees who violate the section may also face progressive discipline from their employer.

Public Marijuana Use

Appleton treats possession of 25 grams or less of marijuana as a citable Code violation rather than a state crime, adopting Wis. Stat. § 66.0107(1)(bm) under Municipal Code § 10-32. Anyone with a prior marijuana conviction or holding more than 25 grams is excluded and faces state charges instead.

Key details: Threshold: Covers 25 grams or less of marijuana. State law: Adopts Wis. Stat. § 66.0107(1)(bm) locally. Exclusion: Prior conviction bars the municipal citation. Exclusion: Over 25 grams goes to state court. First offense: Forfeits $1 to $200.

An eligible first offense, 25 grams or less with no prior marijuana conviction, forfeits $1 to $200 plus prosecution costs under the Code's general penalty, § 1-16, with $10 to $500 for a repeat offense. Anyone over the 25-gram limit, or with a prior Wisconsin marijuana conviction, is excluded from the municipal citation and referred for state criminal prosecution instead.

Loitering Rules

Appleton makes it unlawful for anyone, not just minors, to loiter in or upon a roadway, defined as the curbed or traveled portion of a street, under Municipal Code § 10-40. The rule is separate from the city's minors-only curfew loitering ban in § 10-36.

Key details: Prohibition: Bans loitering in or upon any roadway. Scope: Applies to all persons, not just minors. Definition: Roadway defined by Wis. Stat. § 340.01(22). Adopted: By Ord. 91-93 in 1993. First offense: Forfeits $1 to $200.

Section 10-40(c) directs that a roadway loitering violation is penalized under § 1-16, the Code's general penalty: a first offense forfeits $1 to $200 plus prosecution costs, and a second or later offense for the same violation forfeits $10 to $500, with county jail possible if the forfeiture and costs are not paid.

The Bottom Line

Appleton's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Appleton is broadly strict or permissive.

Keep in mind that Appleton can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.