Portage County, WI Public Conduct: Loitering Rules (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.
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?
Can I be cited just for standing somewhere posted 'No Loitering'?
What happens if I refuse a deputy's order to leave?
Who enforces the county's loitering ordinance?
Sources & Official References
Other rules in Portage County
Compare Portage County to another location·View the Wisconsin public conduct overview
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