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Ashwaubenon, WI Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing section
Ashwaubenon Municipal Code § 9-1-7
Last amended
Ord. O4-1-26, April 28, 2026
Dispersal authority
any public safety or law enforcement officer
Refusing dispersal order
separate violation of § 9-1-7(C)
State cross-reference
Wis. Stat. § 346.29

Summary

Ashwaubenon's loitering ordinance bars idling in a public place in a way that obstructs sidewalks, streets or transit stops, or lingering at a transit stop after being told to move. Anyone who obstructs a public way must disperse when ordered by a public safety or law enforcement officer, and refusing that order is itself a separate violation.

Loitering means remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around; to loaf,; and shall also include the colloquial expression "hanging around." ... (B) Prohibited acts. It is unlawful for any person to loiter in a public place in a manner that: (1) Obstructs a public street, sidewalk, transit stop, or other public way by hindering or impeding the free and uninterrupted passage of pedestrians, vehicles, or transit users. ... (C) Order to disperse. When any person causes or commits any of the conditions enumerated in subsection (b) of this section, a public safety officer, or any law enforcement officer, shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such order shall be guilty of a violation of this section.

Full Breakdown

Section 9-1-7 defines loitering broadly, as remaining idle in essentially one location, including spending time idly, lingering, staying, sauntering, delaying, standing around, loafing, or colloquially hanging around, and defines a public place as any property the general public can access for business, transportation, recreation or other lawful purposes, expressly naming sidewalks, parks, public grounds, public buildings, transit stations, bus stops and the areas immediately surrounding a business. Subsection (B) makes it unlawful to loiter in a way that obstructs a public street, sidewalk, transit stop or public way by hindering pedestrians, vehicles or transit users, or that otherwise obstructs or interferes with the free use of property or a lawfully conducted business fronting a public way.

A third clause targets transit specifically: a person may not remain at a transit station, bus stop or designated boarding area after a public safety officer, other law enforcement officer, or transit official has told them their conduct is obstructing passenger access, interfering with operations, or creating a safety concern, and must cease and move on when asked. Subsection (C) gives officers an express dispersal power: when any of the conditions in (B) occur, an officer must order the person to stop and move on or disperse, and failing or refusing to obey that order is itself a violation of the section, independent of the underlying obstruction.

The section was last amended by Ordinance O4-1-26 on April 28, 2026, so it is current as printed in the June 24, 2026 code update, and it cross-references the state loitering-in-roadway statute, Wis. 29.

Violations & Fines

Section 9-1-7 does not carry its own forfeiture schedule, so violations, including refusing an officer's order to disperse under subsection (C), are penalized under the Municipal Code's general penalty in Section 1-1-13: a forfeiture of $1 to $5,000 for a first offense plus costs of prosecution, with jail time in default of payment capped at 90 days, and greater exposure for a repeat violation within a year.

Frequently Asked Questions

What counts as illegal loitering in Ashwaubenon?
Under Section 9-1-7(B), loitering becomes a violation when it obstructs a public street, sidewalk or transit stop by blocking pedestrians, vehicles or transit riders, or interferes with a lawfully conducted business or someone's free use of property fronting a public way. Merely standing around without obstructing anything is not, by the text, a violation.
Can police order someone to leave a bus stop in Ashwaubenon?
Yes. Section 9-1-7(B)(3) lets a public safety officer, other law enforcement officer or transit official tell a person at a transit station or bus stop to stop obstructing passenger access or interfering with operations and move from the area, and the person must comply.
What happens if you refuse to disperse when ordered?
Refusing or failing to obey a dispersal order under Section 9-1-7(C) is itself a violation of the section, separate from the original obstruction, and is punishable under the Municipal Code's general penalty in Section 1-1-13.

Sources & Official References

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