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Appleton, WI Public Conduct: Loitering Rules (2026)

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

Key Facts

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

Summary

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.

(a) Definitions. As used in this section: Loitering means remaining idle in essentially one (1) location and shall include the concept of spending time idly; to be dilatory; to linger aimlessly; to stay; to saunter; to delay; to stand around, and shall also include the colloquial expression, "hanging around". Roadway means that portion of a highway, as defined in W.S.A. §340.01(22), between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel or parking. (b) Loitering in the roadway. It shall be unlawful for any person to loiter in or upon any roadway.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Section 10-40 of the Appleton Municipal Code creates a general loitering offense that applies to any person, unlike the age-restricted curfew loitering rule in § 10-36. Subsection (a) defines loitering the same way the curfew section does: remaining idle in essentially one location, including spending time idly, being dilatory, lingering aimlessly, staying, sauntering, delaying, standing around, or hanging around. It defines roadway by cross-reference to Wis. 01(22), as the portion of a highway between the regularly established curb lines, or the portion improved, designed or ordinarily used for vehicular travel or parking, so the ban covers the traveled street and parking areas but not sidewalks or boulevards outside that curb line.

Subsection (b) states the operative prohibition in a single sentence: it is unlawful for any person to loiter in or upon any roadway. The section was adopted by Ord. 91-93 in 1993 and, unlike most Chapter 10 offenses, states its own penalty clause rather than defaulting silently: subsection (c) directs that a violator shall be penalized pursuant to § 1-16 of this Code, the Code's general forfeiture schedule, so enforcement runs through the same first-offense and repeat-offense forfeiture ranges as other miscellaneous Chapter 10 offenses.

Violations & Fines

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.

Frequently Asked Questions

Is standing in the street illegal in Appleton?
Loitering in or upon any roadway is unlawful under § 10-40(b). The roadway is defined as the curbed, traveled portion of the street used for vehicles or parking, so idly standing or lingering there, as opposed to on a sidewalk, is what the ordinance targets.
How is Appleton's roadway loitering ban different from the curfew law?
Section 10-40 applies to everyone regardless of age and is limited to the roadway itself, while § 10-36 applies only to minors under 18 and covers a much wider list of places, including parks, playgrounds and vacant lots, but only during set curfew hours.
What's the penalty for roadway loitering in Appleton?
Section 10-40(c) sends the violation to the Code's general penalty in § 1-16: a $1 to $200 forfeiture plus costs for a first offense, rising to $10 to $500 for a repeat offense, with jail possible in default of payment.

Sources & Official References

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