How De Pere Handles Public Conduct: A Practical Guide

De Pere maintains 93 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 De Pere falls on the strict-to-permissive spectrum compared to other cities.

Public Alcohol Use

De Pere Code of Ordinances § 7-9 bars drinking or carrying an open container of liquor or fermented malt beverage on any city street, alley, sidewalk, thoroughfare, parking lot or other public way. Bar and restaurant purchases must be finished on the licensed premises. The license committee can approve a special permit for a supervised event.

Key details: Governing section: De Pere Code § 7-9. Covered areas: Streets, alleys, sidewalks, parking lots. Open containers: Barred even without drinking. Tavern purchases: Must stay on licensed premises. Special event permit: Needs common council approval.

Violating any part of section 7-9, drinking in public, walking out of a bar with a drink, or simply carrying an open container on a city street, is a forfeiture offense under subsection (e), with the amount fixed by common council resolution rather than stated in the ordinance itself. Unpaid forfeitures, plus costs and assessments, can trigger the alternative enforcement remedies in Wis. Stats. ch. 800.

Public Marijuana Use

De Pere Code § 8-1 adopts Wis. Stat. § 961.41, marijuana possession, by reference as a municipal forfeiture offense. That lets De Pere police issue a city citation with a penalty set by common council resolution instead of routing every possession case through Brown County's criminal court.

Key details: Governing section: De Pere Code § 8-1. State law adopted: Wis. Stat. § 961.41 by reference. Enforcement track: Municipal forfeiture, not state crime. Related offense: Synthetic cannabinoids under § 8-10. General penalty range: $1.00 to $2,000.00 (§ 1-11).

A marijuana possession citation under section 8-1 is a forfeiture, not a criminal conviction. Because no specific forfeiture amount is stated in section 8-1 itself, the general municipal penalty in section 1-11 controls: not less than $1.00 nor more than $2,000.00 for a first offense, escalating to a minimum $10.00 on a second violation, with imprisonment possible only if the forfeiture goes unpaid.

Outdoor Smoking Restrictions

De Pere Code § 8-3(a)(2)b bars smoking on any childcare center's outdoor premises while children are present and within 25 feet of a college dormitory, and subsection (a)(2)c bans it outright in sports arenas, bus shelters and public conveyances. Violators face a $100.00 to $250.00 forfeiture.

Key details: Governing section: De Pere Code § 8-3(a)(2), (7). Childcare centers: Barred outdoors while children present. College dorm buffer: 25 feet from residence halls. Sports arenas/bus shelters: Fully smoke-free, no distance test. Smoker's penalty: $100.00 to $250.00 per violation.

Smoking in a location barred by subsection (a)(2), including a childcare center's outdoor grounds, within 25 feet of a college dormitory, a sports arena, a bus shelter or a public conveyance, carries a forfeiture of $100.00 to $250.00 per violation under subsection (a)(7)a. A business or venue operator who fails to post signage or otherwise enforce the ban faces a separate $100.00 forfeiture, capped at $100.00 total per day.

Skateboarding Rules

De Pere Code § 8-15(b)(2) bars riding a skateboard, bicycle, electric scooter or in-line skates in any municipal parking lot or structure, except briefly while parking a bicycle in a designated rack. The ban covers city-owned parking at parks and municipal buildings, with special-event and restroom-access exceptions.

Key details: Governing section: De Pere Code § 8-15(b)(2). Covered areas: All city-owned parking lots, ramps. Bicycles: Allowed only in designated racks. Adopted: Ord. No. 22-06, June 2022. Exceptions: Special events, restroom facility access.

Riding a skateboard, a bicycle outside a designated rack, an electric scooter, or in-line skates in a De Pere municipal parking lot or structure violates section 8-15(b)(2) and carries the general Code forfeiture in section 1-11: $1.00 to $2,000.00 for a first offense, with a $10.00 minimum on a repeat violation.

Loitering Rules

De Pere Code § 8-16 bans loitering that obstructs a public street, sidewalk or building, or interferes with a nearby business's use of its property. Officers must first order violators to move on or disperse, and only a refusal to comply completes the offense, punishable by up to a $200.00 forfeiture.

Key details: Governing section: De Pere Code § 8-16. Requires: Obstruction of street, sidewalk or business. Enforcement: Officer must order dispersal first. Maximum forfeiture: $200.00 plus costs. Related rule: Tougher sex-offender loitering (§ 8-17).

Loitering itself is not punished under section 8-16 until an officer orders the person to move on and the person refuses; that refusal carries a forfeiture not to exceed $200.00, plus costs and penalty assessments, with each instance treated as a separate offense. The unrelated sexual-offender loitering ban in section 8-17 carries a much steeper $500.00 to $750.00 minimum.

Public Urination

De Pere Code § 8-14 makes it unlawful to urinate or defecate outside a designated sanitary facility on any sidewalk, street, alley, parking lot, park, playground or cemetery, or on private property in open view of the public. Violators face the citywide general forfeiture set in section 1-11.

Key details: Governing section: De Pere Code § 8-14. Covered areas: Streets, parks, cemeteries, parking ramps. Private property: Covered if in public view. Adopted: Ord. No. 10-13, 2010. Penalty: $1.00 to $2,000.00 general forfeiture.

Violating section 8-14 carries the citywide general forfeiture set in section 1-11: not less than $1.00 nor more than $2,000.00 for a first offense, rising to a minimum of $10.00 for a repeat violation. No specific fine schedule applies just to this section, and imprisonment is used only if a defendant fails to pay the forfeiture and court costs.

The Bottom Line

De Pere'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 De Pere is broadly strict or permissive.

All of the above reflects De Pere's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.