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Warren, MI Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing section
Warren Code § 22-106
Officer must first
Order the person to stop and move on
Due-process check
Officer must let person explain before arrest
State law tie-in
MCL 750.167(i)-(k) disorderly-person loitering
Default penalty
Up to $500 fine, 90 days jail

Summary

Warren makes it unlawful to loiter, loaf, or hang around a public place in ways that block sidewalks, obstruct businesses, or make people fear for their safety. Sec. 22-106 defines loitering broadly and requires police to give a person a chance to explain before making an arrest for suspicious loitering.

Loitering shall mean remaining idle in essentially one (1) location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression "hanging around."... it shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone or in consort with others in a public place in such manner so as to:(1)Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).

Full Breakdown

Sec. 22-106 is Warren's general loitering ordinance. It defines loitering to mean remaining idle in essentially one location, including spending time idly, lingering, sauntering, delaying, standing around, or 'hanging around,' and defines public place broadly to include streets, sidewalks, parks, public grounds, and the front or immediate area of any store, shop, restaurant, or tavern. Subsection (b) makes it unlawful to loiter, loaf, wander, stand, or remain idle, alone or with others, in a public place in four specific ways: obstructing a street, sidewalk, or public building by hindering the free passage of vehicles or pedestrians; committing an act that interferes with the free use of property or with a lawfully conducted business fronting the public way; obstructing a business entrance against the wishes of the owner or manager without a lawful purpose; or, by words or conduct, harassing, assaulting, molesting, or intimidating another person, or creating a reasonable belief that a breach of the peace is imminent.

Subsection (c) lists relevant circumstances for that last category, such as fleeing or hiding at the sight of a police officer. Critically, subsection (d) builds in a due-process check: before an officer can arrest someone under the harassment/breach-of-peace clause, the officer must give the person a chance to explain their presence and conduct, unless flight or other circumstances make that impracticable, and no conviction stands if the officer skipped that step or if the person's explanation, if believed at the time, would have dispelled the officer's concern.

An officer who observes any of the prohibited conditions must first order the person to stop, move on, or disperse, and only a refusal to comply completes the violation.

Violations & Fines

Failing to obey a police order to stop loitering, move on, or disperse after committing one of the prohibited acts in Sec. 22-106(b) completes the violation. State law, MCL 750.167(i)-(k), treats certain loiterers as disorderly persons, and Warren's general penalty in Sec. 1-8 applies where the loitering section sets no specific fine: up to $500, up to 90 days in jail, and up to $1,000 in court costs.

Frequently Asked Questions

What counts as illegal loitering in Warren?
Sec. 22-106 targets loitering that obstructs a street or sidewalk, interferes with a lawfully conducted business, blocks a business entrance against the owner's wishes, or involves harassment or conduct that creates a reasonable fear a breach of the peace is imminent, not simply standing in one place.
Does a police officer have to warn someone before arresting them for loitering?
Yes, for the harassment or breach-of-peace category. Sec. 22-106(d) requires an officer to give the person a chance to explain their presence and conduct before an arrest, and no conviction can stand if that explanation, if believed at the time, would have dispelled the officer's concern.
What happens if someone refuses to move on when ordered?
Sec. 22-106(d) makes it a violation to fail or refuse to obey a police order to stop the prohibited conduct and move on or disperse; the offense carries Warren's general penalty of up to a $500 fine and 90 days in jail under Sec. 1-8.

Sources & Official References

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