Burlington, WI Public Conduct: Loitering Rules (2026)

Section 204-1 makes it unlawful to loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity. The ordinance lists relevant circumstances an officer may weigh, including whether the person flees on seeing a police or peace officer, refuses to identify themselves, or manifestly tries to conceal themselves or an object. Critically, the section builds in a due-process step: unless flight or other circumstances make it impracticable, an officer must, before any arrest, give the person a chance to dispel the alarm by identifying themselves and explaining their presence and conduct.

No conviction can stand if the officer skipped that step, or if the person's explanation was true and, if believed at the time, would have dispelled the officer's concern. Chapter 204 adds narrower obstruction rules alongside this general provision: § 204-2 bars obstructing a street, sidewalk or bridge by loitering after a police officer asks a person to move, and separately bars loafing in groups that block ordinary public use of streets, alleys or sidewalks. Section 204-3 extends the move-along rule to private premises entered without invitation.

Section 204-4, amended in 2013, covers loitering in or about depots, theaters, stores and similar places of public use, and treats posted No Loitering signs as sufficient without a separate officer request.