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Fargo, ND Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing section
City Code § 10-0301
Penalty class
Class B misdemeanor
Covers
Obstruction + solicitation loitering
Protected activity
Expressly exempted

Summary

Fargo folds loitering into its disorderly conduct ordinance, banning obstruction of sidewalks and loitering to solicit sexual contact in public.

A person is guilty of disorderly conduct if, with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by his behavior, he:1.Engages in fighting, or in violent, tumultuous or threatening behavior;2.Makes unreasonable noise;3.In a public place uses abusive or obscene language, knowingly exposes that individual's penis, vulva, or anus, or makes an obscene gesture;4.Obstructs vehicular or pedestrian traffic, or the use of a public facility;5.Persistently follows a person in or about a public place or places;6.While loitering in a public place for the purpose of soliciting sexual contact, he solicits such contacts;7.Makes any threatening or intimidating telephone calls;8.Creates a hazardous, physically offensive, or seriously alarming condition by any act which serves no legitimate purpose; or9.Engages in harassing conduct by means of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.B.This section does not apply to constitutionally-protected activity. If an individual claims to have been engaged in a constitutionally-protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

Full Breakdown

Fargo has no standalone anti-loitering ordinance. Instead, City Code § 10-0301 (Disorderly Conduct) makes it a Class B misdemeanor to obstruct vehicular or pedestrian traffic or the use of a public facility, or to loiter in a public place for the purpose of soliciting sexual contact, when done with intent to harass, annoy, or alarm another person, or in reckless disregard that the behavior does so. The section expressly exempts constitutionally protected activity.

Violations & Fines

Class B misdemeanor under § 1-0306's penalty schedule; police may also order dispersal of an obstructing crowd under related sidewalk-use rules.

Frequently Asked Questions

Does Fargo have a general loitering ban?
No. Fargo has no stand-alone loitering ordinance; the closest local rule is the disorderly conduct statute, § 10-0301, which bars loitering to solicit sexual contact and obstructing sidewalks or streets.
Can police break up a crowd blocking a sidewalk?
Yes. Under § 10-0301(A)(4), obstructing pedestrian or vehicular traffic or a public facility with intent to harass, annoy, or alarm is disorderly conduct, a Class B misdemeanor.

Sources & Official References

Other rules in Fargo

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