Lincoln, NE Public Conduct: Loitering Rules (2026)
Key Facts
- Scope
- Citywide within Lincoln
- Trigger
- Notice by word, sign, or fence
- Windowpeeping
- After sunset = trespass evidence
- Defense
- Public premises, conditions followed
Summary
Lincoln bans loitering or remaining on another's property once the owner has given notice against trespass through direct communication, posted signs, or an excluding fence.
It shall be unlawful for anyone to loiter, enter, or remain upon the property of another, knowing he or she is not licensed or privileged to do so, with notice against trespass given by: 1. Actual communication to the actor by the owner or other authorized person; 2. Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or 3. Fencing or other enclosure manifestly designed to exclude intruders.
https://online.encodeplus.com/regs/lincoln-ne/doc-viewer.aspx#secid-6263
618/1518
8/11/26, 11:58 PM
Document Viewer | Municipal Code
b. Windowpeeping in the windows of a private dwelling house, apartment, or residence of another after sunset shall be prima facie evidence of trespass.
c. It is an affirmative defense to prosecution under this section that: 1. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
2. The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him or her to enter or remain.
(Ord. 21836 §1; January 26, 2026: Ord. 20591 §4; December 11, 2017: Ord. 15622 §19; July 9, 1990: P.C. §9.52.220: Ord. 3489 §21-222; July 6, 1936).
Full Breakdown
Under Lincoln Municipal Code § 9.24.190, it is unlawful to loiter, enter, or remain on someone else's property after notice against trespass: given by direct communication, posted signage reasonably likely to be seen, or a fence or enclosure built to exclude intruders. Windowpeeping at a private dwelling after sunset counts as prima facie evidence of trespass. It is an affirmative defense that the premises were open to the public and the person complied with entry conditions, or that the person reasonably believed they were licensed to be there.
Violations & Fines
Loitering or remaining after trespass notice, or windowpeeping a residence after sunset, violates the section; open-to-the-public compliance or a reasonable belief of license to enter are the only listed defenses.
Frequently Asked Questions
Is loitering itself illegal in Lincoln?
What counts as notice against trespass in Lincoln?
Sources & Official References
Other rules in Lincoln
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