Walworth County, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Walworth County Code § 38-33
- Covers
- County parks, county property, public roads/walks
- Max forfeiture
- $500.00
- Jail default
- Up to 30 days
- Appearance bond
- $100.00 cash
- Local override
- Municipality can allow it on its own property/streets
Summary
In unincorporated Walworth County, drinking or carrying open alcohol on county parks or county-owned property, or on any public walk, street, road or highway, is a forfeiture offense unless the county or the local municipality has authorized it.
(b)No person may possess fermented malt beverages or intoxicating liquor which has been manufactured for personal consumption and which contains alcohol on any County park, or County owned property without an authority from the Walworth County Board. This provision shall also apply to any other municipal owned property in Walworth County unless the municipality in which the property is located allows these beverages on its property.(c)No person may possess open containers of fermented malt beverages or intoxicating liquors on any public walk, street, road or highway within Walworth County. If the municipality in which the public walk, street, road or highway allows these beverages in its public walk, street, road or highway, then this provision does not apply.(d)Penalty. Any person violating any provision of this ordinance shall, upon conviction thereof, forfeit not more than $500.00, and in default of payment thereof shall be imprisoned in the County Jail until the forfeiture and costs are paid but not to exceed 30 days.
Full Breakdown
Walworth County Code § 38-33 bars possessing fermented malt beverages or intoxicating liquor made for personal consumption on any county park or county-owned property without authorization from the Walworth County Board, and it extends that ban to other municipally owned property in the county unless the municipality where the property sits allows those beverages. A separate clause bars possessing open containers of malt beverages or intoxicating liquors on any public walk, street, road or highway in Walworth County, but that ban lifts if the municipality controlling that walk, street, road or highway permits open containers on it.
A related clause not quoted here, § 38-33(a), also bars possessing an open container of alcohol in a motor vehicle. The ordinance sits in Chapter 38, Article I with the county's general offenses, and it repealed a prior county ordinance (Ordinance #74) covering the same ground. Enforcement runs through the county's citation procedure adopted under Wis. 0113, which does not stop the county from pursuing the same conduct as a state crime or forfeiture instead of, or alongside, an ordinance citation.
Violations & Fines
A conviction carries a forfeiture of not more than $500.00, and if the forfeiture and costs go unpaid, up to 30 days in the county jail. A person charged can avoid custody before their court date by depositing a $100.00 cash bond with the county clerk of courts or the arresting officer, which is forfeited if they fail to appear.
Frequently Asked Questions
Can I drink alcohol in a Walworth County park?
Is it legal to carry an open beer while walking down a county road?
What is the fine for an open container violation?
Sources & Official References
Other rules in Walworth County
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