Charleston, WV Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Sec. 78-205(a)(6)
- Conduct barred
- Congregating to halt traffic, refusing to disperse
- Penalty
- $10–$500 fine and/or up to 30 days
- Related rule
- Park loitering after hours, Sec. 82-122
Summary
Charleston's disorderly conduct ordinance makes it illegal to congregate on a public way so as to stop traffic and then refuse a police order to clear out.
Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other person having authority.(b)Any person convicted of disorderly conduct, as defined in this section, shall be punished as provided in section 1-8. (Code 1975, § 18-18)
State Law reference— Authority to enact ordinances to prevent and suppress conduct and practices which are immoral, disorderly, lewd, obscene and indecent, W. Va. Code § 8-12-5(19); disorderly conduct, W. Va. Code § 61-6-1b.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
Under Sec. 78-205, disorderly conduct includes congregating with others on a public way to halt vehicular or pedestrian traffic, then refusing to clear the way when ordered by a peace officer or other person with authority. It's a companion provision to Charleston's broader disorderly conduct and unlawful-assembly rules (Secs. 78-202 through 78-204), and it's punished under the city's general penalty section. Separately, Sec. 82-122 bars loitering in city parks during posted closed hours.
Violations & Fines
Misdemeanor under the general penalty, Sec. 1-8: fine of $10 to $500, up to 30 days in jail, or both.
Frequently Asked Questions
Is it illegal to just stand on a Charleston sidewalk?
Does Charleston have a separate park loitering rule?
Sources & Official References
Other rules in Charleston
Compare Charleston to another location·View the West Virginia public conduct overview
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