Milwaukee, WI Public Conduct: Loitering Rules (2026)
Key Facts
- City code
- Milwaukee Code Ch. 106
- State statute
- Wis. Stat. §947.013
- Constitutional check
- Conduct-specific only
- First step
- Officer warning typical
- Common predicates
- Drugs, prostitution, gangs
Summary
Milwaukee Code Ch. 106 restricts loitering for narrow purposes: prostitution, drug activity, gang gatherings, and obstruction. State law Wis. Stat. §947.013 separately prohibits loitering or prowling in suspicious circumstances.
947.013 Harassment. (1) In this section: (a) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. (b) "Credible threat" means a threat made with the intent and apparent ability to carry out the threat. (c) "Personally identifiable information" has the meaning given in s. 19.62 (5). (d) "Record" has the meaning given in s. 19.32 (2). (1m) Whoever, with intent to harass or intimidate another person, does any of the following is subject to a Class B forfeiture: (a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same. (b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose. (1r) Whoever violates sub. (1m) under all of the following circumstances is guilty of a Class A misdemeanor: (a) The act is accompanied by a credible threat that places the victim in reasonable fear of death or great bodily harm. (b) The act occurs while the actor is subject to an order or injunction under s. 813.12, 813.122 or 813.125 that prohibits or limits his or her contact with the victim. (2) This section does not prohibit any person from participating in lawful conduct in labor disputes under s. 103.53.
Full Breakdown
Milwaukee abandoned its broad loitering ordinance after federal courts struck down vague city laws (Chicago v. Morales, 1999). Today the city uses targeted ordinances under Code Ch. 106 covering loitering for prostitution, drug solicitation, gang activity in posted areas, and blocking passage on sidewalks. Each requires officers to identify specific conduct or warning steps before citation. Wis. Stat. §947.013 (loitering, prowling, and similar conduct) provides a state-level disorderly-conduct backstop when behavior creates alarm and the person fails to identify themselves. Civil-rights litigation has pushed enforcement toward conduct-specific predicates rather than mere presence.
Violations & Fines
Refusing to disperse after warning in a posted gang or drug-loitering area, soliciting prostitution, or obstructing a sidewalk can bring municipal citations, with disorderly-conduct charges reserved for escalated conduct.
Frequently Asked Questions
Can police arrest me for just standing around?
What does Wis. Stat. §947.013 cover?
Are youth loitering rules separate?
Sources & Official References
Other rules in Milwaukee
Compare Milwaukee to another location·View the Wisconsin public conduct overview
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Loitering Rules in Nearby Cities
How other cities in Milwaukee County handle loitering rules.