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New Berlin, WI Homelessness & Encampment Rules: Sit-Lie Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited conduct
Standing, sitting, loafing, or loitering that blocks passage
Where it applies
Streets, sidewalks, bridges, public grounds citywide
Exception
City-permitted barricaded street closures for recreation
Exception added
May 14, 2024 by Ord. No. 2693
Penalty
Forfeiture under Code § 1-18 via § 230-12

Summary

New Berlin bars standing, sitting, loafing, or loitering on any public street, sidewalk, bridge, or public ground when it blocks pedestrian or vehicle passage, or blocks entry to a business, church, or meeting place. City Code § 230-6 covers the whole public right-of-way, with only a narrow carve-out for City-approved street barricading events.

A.Loitering. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place, except upon such portions of any public street where barricades have been installed as provided in Subsection B of this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 230-6 of the New Berlin Code of Ordinances prohibits standing, sitting, loafing, loitering, or engaging in sport or exercise on any public street, sidewalk, bridge, or public ground within the City in a manner that prevents or obstructs the free passage of pedestrian or vehicular traffic, or that prevents or hinders free ingress or egress to or from a place of business, amusement, church, public hall, or meeting place. The section does not set a minimum duration or require intent to obstruct; the test is whether the conduct interferes with passage or access.

The only built-in exception covers portions of a public street where barricades have been installed under Subsection B, which lets a property owner apply to the City Clerk's Office for a special event permit to close a section of street adjacent to their property for recreational use, obtain barricades from the Department of Public Works, and install them so vehicular traffic is blocked while the recreational activity is underway, with the barricades kept readily removable for emergency vehicles. That barricading exception was added by Ordinance No.

2693 on May 14, 2024, and it exists to authorize temporary neighborhood block-party-style closures, not to create a general right to occupy the sidewalk or street. Outside of a permitted, barricaded closure, the loitering prohibition applies citywide to any public street, sidewalk, bridge, or public ground.

Violations & Fines

Section 230-6 does not carry its own separate penalty clause; violations of Chapter 230 in general, including the loitering and obstruction prohibition, are enforced under § 230-12, which applies the forfeiture schedule set in Chapter 1, General Provisions, § 1-18 of the Code.

Frequently Asked Questions

Is it illegal to sit on a sidewalk in New Berlin?
It is illegal under § 230-6 if the sitting, standing, or loitering prevents or obstructs the free passage of pedestrians or vehicles, or blocks entry to a nearby business, church, or meeting place. The code does not exempt brief pauses, so the test turns on whether passage is actually blocked.
Does the ordinance target homeless individuals specifically?
No. Section 230-6 is written generally to prohibit anyone from standing, sitting, loafing, or loitering in a way that obstructs public passage; it does not single out homelessness, panhandling, or any protected status, and it applies the same way to any person on a public street, sidewalk, bridge, or public ground.
Can a neighborhood block a street for a block party?
Yes, but only through the Clerk's Office special event permit process. Once granted, the applicant must install barricades obtained from the Department of Public Works to block vehicular traffic on the approved portion of street, keep them removable for emergency vehicles, and remove them when the permit ends.
What is the penalty for violating the loitering ban?
Chapter 230's enforcement section, § 230-12, applies the general forfeiture schedule found in Chapter 1, General Provisions, § 1-18 of the New Berlin Code to any violation of the chapter, including the loitering and sidewalk-obstruction prohibition in § 230-6.

Sources & Official References

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