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Sun Prairie, WI Public Conduct: Loud Party Ordinance (2026)

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

Key Facts

Governing section
§ 5.08.170
Applies to
Any host of a private or public gathering
Age threshold
Guests under 21 possessing/consuming alcohol
Penalty type
Forfeiture only, no imprisonment
Adopted
Ord. No. 725, effective April 3, 2018
State provision incorporated
Wis. Stat. § 125.07(1)(a)(3)

Summary

Sun Prairie holds any person who hosts a private gathering where a guest under 21 possesses or consumes alcohol civilly liable, even if the host never supplied the alcohol. The city adopted this social hosting rule under § 5.08.170 to deter underage drinking parties on both private and public property within city limits.

The city of Sun Prairie intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under twenty-one (21) years of age possess or consume alcohol or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. ... B.The provisions of Section 125.07(1)(a)(3), Wisconsin Statutes are hereby adopted by reference. The penalty or violation of the statute adopted by this section shall be as provided in Section 125.07(b), Wisconsin Statutes, except that there shall be no imprisonment.

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 71).

Full Breakdown

" The ordinance applies "even if done within the confines of a private residence," reaching backyard parties and basement gatherings, not just commercial establishments. Its findings note that many underage drinking gatherings happen outside a parent's knowledge, but a host, parent or otherwise, who is present and condones or supplies alcohol can still be held responsible, and that holding a host accountable creates a deterrent against future underage drinking events. 07(b), Wisconsin Statutes, with one local modification: the ordinance expressly bars imprisonment, converting the state penalty into a forfeiture-only local offense.

It was enacted by Ord. No. 725, § 1, effective April 3, 2018, and its severability clause preserves the remainder of the section if any part is struck down.

Violations & Fines

A host found in violation faces the forfeiture set by Section 125.07(b) of the Wisconsin Statutes as adopted locally, with no jail time available under § 5.08.170's express bar on imprisonment. Because the section adopts the state statute's forfeiture range rather than a fixed local dollar figure, the police department and city attorney calculate the exact forfeiture using the incorporated state schedule, and each qualifying gathering can support a separate host-liability action.

Frequently Asked Questions

Can I be held liable in Sun Prairie for a party at my house where minors drink alcohol?
Yes. Section 5.08.170 makes a host civilly responsible for a gathering at a private residence where a person under 21 possesses or consumes alcohol, whether or not the host supplied it. The ordinance was written specifically to reach parties hosted by parents who are present and permit underage drinking, not just commercial venues.
Does the host have to provide the alcohol to be liable under Sun Prairie's social hosting law?
No. Section 5.08.170 states liability applies "regardless of whether the person hosting the event or gathering supplied the alcohol." Simply allowing a gathering to continue on property you control while underage guests possess or consume alcohol is enough to trigger host responsibility under the ordinance.
What penalty applies to a social hosting violation in Sun Prairie?
The ordinance adopts the penalty structure of Section 125.07(b) of the Wisconsin Statutes but expressly removes imprisonment as an option, so a violation is punished only by a monetary forfeiture, not jail time. The city treats each qualifying gathering as its own potential violation.

Sources & Official References

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