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Public Conduct in Waukesha County, WI (2026)

4 county-level rules, plus city-specific rules for 1 city in Waukesha County, Wisconsin.

Verified from official government sources

Note: These county rules apply to unincorporated areas of Waukesha County. If you live within an incorporated city, that city's own rules apply: see the city list below.

Loitering Rules

Waukesha County bars minors under 17 from loitering in public places between 11 p.m. and 6 a.m. unless a parent or guardian is present, under Code Sec. 13-152. A separate, newer rule, Sec. 13-158, lets sheriff's deputies and other officials order anyone loitering in a county building to leave.

Loitering Rules in Waukesha County

Some Restrictions

Waukesha County Code §§ 13-152 and 13-158

Sec. 13-152 Loitering of minors. It shall be unlawful for any person under the age of seventeen (17) years to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or any public places in the county either on foot or in or upon any conveyance being driven or parked th...

Outdoor Smoking Restrictions

Waukesha County bans smoking outright in every building and facility it controls, and within 40 feet of any building entrance on county grounds, with only a handful of designated exceptions. In parks specifically, smoking is barred inside buildings and in any park area where the department has posted a no-smoking notice, so outdoor smoking away from posted signs remains allowed unless a sign says otherwise.

Outdoor Smoking Rules in Waukesha County

Some Restrictions

Waukesha County Code §§ 14-148(a)-(b), 3-2(b),(d)

(a) No person shall be permitted to smoke, as defined in Sec 3-2 (d), in any building, or section of a building, or in any park where officially posted notices so prohibit. (b) No person shall throw or drop a lighted cigar or cigarette stub or empty a lighted pipe from a motor vehicle moving along a park drive. ... Smoking within forty (40) feet of the outside of any entrance of a building or f...

Public Marijuana Use

Waukesha County adopts the state marijuana possession statute as a county forfeiture offense rather than a criminal charge. Under Code Sec. 13-102, a first possession violation of Wis. Stat. § 961.41(3g)(e) in the unincorporated towns draws a civil forfeiture of up to $1,000, enforced by the sheriff's department and district attorney.

Marijuana Possession Forfeiture in Waukesha County

Some Restrictions

Waukesha County Code § 13-102(c)(13), (d)(13)

(c) ... are hereby prohibited in the county, and are incorporated herein by reference, just as though fully set forth herein, but the penalty for violation under this section shall be limited to the forfeiture as hereinafter set forth: ... 13. 961.41(3g)(e) possession of marijuana; ... (d) The penalty for violation of subsection (c) shall be limited to the forfeiture as set forth below. ... 13....

Public Alcohol Use

Waukesha County bans possessing or drinking from an open container of beer or liquor on any public thoroughfare, a term the code defines broadly to include county trunk highways, freeways and public rights-of-way. Code Sec. 13-155 sets this apart from the county's separate open-container-in-a-vehicle rule, and violators over 17 face a $25 to $200 forfeiture.

Public Drinking Ban in Waukesha County

Some Restrictions

Waukesha County Code § 13-155

Sec. 13-155 Public drinking prohibited. No person shall consume or have in his possession open containers of intoxicants of fermented malt beverages, or intoxicating liquor, in or upon any public thoroughfare. The word "thoroughfare" includes any public road, street, alley, highway, freeway, interstate, county trunk highway, or public right-of-way.

Public Conduct by City in Waukesha County

1 cities in Waukesha County have their own public conduct rules. Each link goes to that city's dedicated page with code citations.

All Waukesha County ordinances

See every category we cover for Waukesha County: parking, noise, fences, fires, animals, pools, and more.

Waukesha County Ordinance Hub →