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Portage County, WI Public Conduct: Loitering Rules (2026)

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

Key Facts

Enforcing agency
Portage County Sheriff's Office
Forfeiture range
$10.00 to $500.00 per violation
Jail alternative
Up to 30 days, Portage County Jail
Trigger
Refusing officer's order to move on
Applies to
Unincorporated towns under county zoning only

Summary

Sec. 2.12.6 of the Portage County Code bars loitering in unincorporated Portage County, meaning the towns under county zoning, whenever it occurs at an unusual time or manner that creates reasonable alarm, involves apparent law-breaking, continues on posted "NO LOITERING" property, or persists after a law enforcement officer's lawful order to move on.

These county ordinances apply to unincorporated areas of Portage County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

2.12.6 - Loitering. No person shall loiter, in either a public or private place including any public way, street, highway, place, alley, sidewalk, business, or that portion of private property utilized for public use, without the consent of the owner, lessee, renter, governmental officer, or other person or entity in lawful control of said property under any of the following circumstances: (1)At a time or in a manner not usual for law abiding citizens, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. ... 2.12.8 - Penalties. ... (a)Incur a forfeiture not less than $10.00, nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, shall be incarcerated in the Portage County Jail for a term of not more than 30 days, or until such judgment is paid.

Full Breakdown

Loitering under Sec. 2.12.6 covers any public or private place, including a public way, street, highway, alley, sidewalk, business, or portion of private property used by the public, when a person lacks the consent of the owner, lessee, renter, or governmental officer in lawful control. The section lists four separate triggers. A person violates it by loitering at a time or in a manner not usual for law-abiding citizens under circumstances warranting justifiable alarm; by loitering under circumstances giving reason to believe the person or a group member has committed or is committing a violation such as property damage, littering, disorderly conduct, unreasonable noise, underage drinking, theft, vandalism, or trespassing; by remaining on property posted with a clearly marked "NO LOITERING" sign for a purpose other than what the owner could reasonably intend; or by remaining in a place and refusing a law enforcement officer's lawful command to move on, or to give a lawful reason for staying, where the loitering risks a breach of the peace, disturbs a lawful occupant's comfort, obstructs vehicle or pedestrian traffic, or interferes with someone lawfully present.

As with the rest of Sec. 2.12, this rule governs only the unincorporated towns; Stevens Point and the county's incorporated cities and villages enforce loitering under their own municipal ordinances.

Violations & Fines

Sec. 2.12.8 makes any violation of Sec. 2.12.6 punishable by a forfeiture of not less than $10.00 nor more than $500.00, plus the costs of prosecution. A violator who does not pay can be incarcerated in the Portage County Jail for up to 30 days or until the judgment is satisfied, and the county may also compel abatement of the conduct, with each day of continued loitering treated as a separate offense.

Frequently Asked Questions

Is loitering illegal everywhere in Portage County?
No. Sec. 2.12.6 only governs unincorporated Portage County, the towns under county zoning. Stevens Point, Plover, Whiting, and the county's other cities and villages have their own loitering ordinances, so conduct inside those municipal limits is judged under the local city or village code instead.
Can I be cited just for standing somewhere posted 'No Loitering'?
Yes. Sec. 2.12.6(3) makes it a violation to remain on property posted with a clearly marked 'NO LOITERING' sign for any purpose other than what the property owner could reasonably intend, even without any other suspicious circumstance or law enforcement contact.
What happens if I refuse a deputy's order to leave?
Sec. 2.12.6(4) treats refusing a law enforcement officer's lawful command to move on, or failing to give a lawful reason for staying, as loitering when it risks a breach of the peace, disturbs a lawful occupant, blocks traffic, or interferes with someone lawfully present, and it carries the same $10.00 to $500.00 forfeiture under Sec. 2.12.8.
Who enforces the county's loitering ordinance?
The Portage County Sheriff's Office enforces Sec. 2.12, the nuisances chapter containing the loitering rule, and deputies can issue citations to anyone found violating Sec. 2.12.6 in the unincorporated towns, with a forfeiture of $10.00 to $500.00 under Sec. 2.12.8.

Sources & Official References

Other rules in Portage County

All Portage County rules

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