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De Pere, WI Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing section
De Pere Code § 8-16
Requires
Obstruction of street, sidewalk or business
Enforcement
Officer must order dispersal first
Maximum forfeiture
$200.00 plus costs
Related rule
Tougher sex-offender loitering (§ 8-17)

Summary

De Pere Code § 8-16 bans loitering that obstructs a public street, sidewalk or building, or interferes with a nearby business's use of its property. Officers must first order violators to move on or disperse, and only a refusal to comply completes the offense, punishable by up to a $200.00 forfeiture.

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; and shall also include the colloquial expression "hanging around." ... (b)Prohibited acts. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone and/or in concert with others in a public place in such a manner so as to:(1)Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to impede the free and uninterrupted passage of vehicles, traffic or pedestrians. ... (c)Order to disperse. When any person causes or commits any of the conditions enumerated in subsection (b) of this section, a police 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. ... (d)Penalty for violation of section. Any person who violates any provisions of this section shall be subject to a forfeiture not to exceed $200.00.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).

Full Breakdown

Section 8-16 defines loitering broadly as remaining idle in essentially one location, including to be dilatory, to linger, to stay, to saunter, to delay, to stand around, and the colloquial hanging around, and it defines public place to include the front or immediate area of any store, shop, restaurant or tavern as well as public grounds, areas and parks. Subsection (b) does not ban loitering by itself; it bans loitering, loafing, wandering, standing or remaining idle in a public place in a manner that obstructs a public street, highway, sidewalk or other public place or building by hindering the free passage of vehicles, traffic or pedestrians, or that interferes with the free and uninterrupted use of property or of any business lawfully conducted on or facing that street, sidewalk or building.

Critically, the ordinance is a disperse-first statute. Subsection (c) requires a police officer or other law enforcement officer to order a person committing one of those conditions to stop and to move on or disperse before any violation is complete; only a failure or refusal to obey that order is itself a violation of the section. That two-step structure means simply standing on a De Pere sidewalk, even in a way an officer considers obstructive, is not a citable offense until the person is asked to move and does not comply.

Subsection (d) sets the penalty: a forfeiture not to exceed $200.00, plus costs and penalty assessments, with each violation constituting a separate offense. This is distinct from De Pere's targeted sexual-offender loitering restrictions in section 8-17, which carry a much higher $500.00 to $750.00 minimum forfeiture and apply only to designated offenders near schools, parks and other child safety zones.

Violations & Fines

Loitering itself is not punished under section 8-16 until an officer orders the person to move on and the person refuses; that refusal carries a forfeiture not to exceed $200.00, plus costs and penalty assessments, with each instance treated as a separate offense. The unrelated sexual-offender loitering ban in section 8-17 carries a much steeper $500.00 to $750.00 minimum.

Frequently Asked Questions

Is it illegal to just stand around in De Pere?
Not by itself. Section 8-16(b) only reaches loitering that obstructs a public street, sidewalk or building, or interferes with a nearby business, and section 8-16(c) requires an officer to order the person to move on first; only refusing that order violates the section.
What is the fine for loitering in De Pere?
Section 8-16(d) caps the forfeiture at $200.00 plus costs and penalty assessments, and treats each violation as a separate offense, so repeated refusals to disperse on different occasions can each be cited on their own.
Is De Pere's sex-offender loitering rule the same law?
No. Section 8-17 is a separate ordinance restricting designated offenders under Wis. Stats. § 301.45 from entering or loitering within 200 feet of parks, schools, pools, libraries and similar child safety zones, and it carries its own $500.00 first-offense and $750.00 repeat-offense minimum forfeitures.

Sources & Official References

Other rules in De Pere

All De Pere rules

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