Wauwatosa, WI Public Conduct: Jaywalking (2026)
Key Facts
- Rule type
- Right-of-way allocation, not outright ban
- Applies when
- Crossing outside marked/unmarked crosswalk
- Prior code origin
- § 11.04(4)
- Default penalty
- $1-$5,000 forfeiture (§ 1.12.010)
- Nearby stricter rule
- § 11.20.100: $25-$500, listed streets
Summary
Wauwatosa doesn't outlaw crossing mid-block outright; instead § 11.20.040 says a pedestrian who crosses anywhere other than a marked or unmarked crosswalk forfeits the right-of-way to vehicles. That single sentence, carried over from the prior code's § 11.04(4), shifts legal priority, and effectively fault in a collision, to the pedestrian rather than imposing a stand-alone jaywalking fine.
Every pedestrian crossing street at any point other than a marked or unmarked crosswalk shall yield the right-of-way to vehicles upon the street.
Full Breakdown
20 'Pedestrians' sets out a sequence of right-of-way rules rather than a blanket crossing ban. 030 addresses divided streets, giving pedestrians the right-of-way only on the half of the street between the limits and the center. 040 is written as a civil right-of-way allocation, not a standalone prohibition. Its practical effect surfaces mainly after a collision: a pedestrian struck outside a crosswalk has, by the code's own terms, already yielded the right-of-way to the vehicle, which weighs against the pedestrian in any resulting liability or citation determination. 010: a forfeiture of $1 to $5,000 for a first offense.
Violations & Fines
Section 11.20.040 carries no penalty of its own; violations default to the citywide general penalty, § 1.12.010, a forfeiture of not less than $1 nor more than $5,000 for a first offense (minimum $25 for a repeat conviction). The section's real teeth are practical rather than punitive: it establishes that a pedestrian crossing outside a crosswalk has forfeited right-of-way, which counts against the pedestrian if a collision results.
Frequently Asked Questions
Is jaywalking against the law in Wauwatosa?
Can police ticket me for jaywalking in Wauwatosa?
What happens if I'm hit by a car while crossing mid-block?
Are there streets where pedestrians face stricter rules?
Sources & Official References
Other rules in Wauwatosa
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Jaywalking in Nearby Cities
How other cities in Milwaukee County handle jaywalking.