Fitchburg, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Citation
- Fitchburg City Code § 60-4
- Public right-of-way
- Consumption always prohibited
- City parks
- Banned 10:00 p.m. to 7:00 a.m.
- Neighborhood parks
- Banned at all hours
- Waiver
- Common council may allow special events
- Default fine
- $25.00-$500.00 first offense (§ 1-21)
Summary
Fitchburg City Code § 60-4 bans drinking or carrying an open alcohol container on any public street right-of-way and in city parks between 10:00 p.m. and 7:00 a.m., with neighborhood parks under a full-time consumption ban. The common council can waive the park rule for approved special events. Violations fall under the general penalty in § 1-21 since § 60-4 sets no separate fine for these clauses.
(c)Consumption on streets public right-of-way. It shall be unlawful for any person to consume any alcohol beverages upon any public right-of-way within the city.(d)City park. It shall be unlawful for any person to drink or have in his/her possession any alcohol beverage in any city park between the hour of 10:00 p.m. and 7:00 a.m.(1)Neighborhood parks. It shall be unlawful for any person to consume any alcohol beverages in any park designated as a neighborhood park. Appropriate signs shall be erected at the entrances to neighborhood parks indicating this prohibition. ... (e)Exception. This section shall not apply to persons selling malt beverages in compliance with a validly issued Class "B" permit, or to persons consuming malt beverages at an event for which a temporary Class "B" license has been issued during the hours authorized.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).
Full Breakdown
Fitchburg City Code § 60-4, titled "Sale or consumption of alcohol beverages in public places," governs open-container drinking within the City of Fitchburg, Dane County, Wisconsin. Subsection (c) makes it unlawful to consume any alcohol beverage on a public street right-of-way anywhere in the city, and subsection (b) separately bars selling or serving alcohol on that same right-of-way. Subsection (d) covers city parks: no one may drink or possess an alcohol beverage in any city park between 10:00 p.m. and 7:00 a.m. Parks designated as "neighborhood parks" go further, banning consumption at any hour, and the city posts signs at neighborhood park entrances stating the prohibition.
The common council retains discretion to waive the park prohibition for special events in designated parks, and the rule does not reach city neighborhood-association events that the parks and forestry manager has pre-approved. Section 60-4(e) also carves out an exception for licensed Class "B" malt beverage sales and consumption, so a temporary picnic-beer permit can authorize on-site drinking during the hours the permit allows, such as at a community festival in a city park.
Because § 60-4 does not list its own forfeiture for the right-of-way and park clauses (only its peddling and street-sales clauses at (a) and (b) carry a listed $0.00-$30.00 range), those violations default to the Code's general penalty at § 1-21: a forfeiture of $25.00 to $500.00 for a first offense, $50.00 to $1,000.00 for repeat offenses within a year, plus court costs. This is the City of Fitchburg in Dane County, south of Madison, not Fitchburg, Massachusetts.
Violations & Fines
Fitchburg has no listed forfeiture specifically for drinking on a right-of-way or in a park after hours, so § 1-21's general penalty controls: $25.00 to $500.00 for a first offense and $50.00 to $1,000.00 for each repeat offense within a year, plus prosecution costs, with jail up to 90 days if the forfeiture and costs go unpaid. Each violation is a separate offense.
Frequently Asked Questions
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Is drinking allowed in Fitchburg city parks?
What is the fine for an open-container violation in Fitchburg?
Sources & Official References
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Public Alcohol Use in Nearby Cities
How other cities in Dane County handle public alcohol use.