Waukesha County, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Prohibited
- Open containers on any public thoroughfare
- Thoroughfare includes
- Roads, streets, alleys, highways, county trunk hwys
- Adult forfeiture (17+)
- $25-$200 plus costs
- Ages 14-17
- $10-$25 forfeiture or juvenile referral
- Nonpayment default
- County jail up to 60 days
- Separate rule
- Vehicle open containers, Sec. 13-102(c)(2), $50-$200
Summary
Waukesha County bans possessing or drinking from an open container of beer or liquor on any public thoroughfare, a term the code defines broadly to include county trunk highways, freeways and public rights-of-way. Code Sec. 13-155 sets this apart from the county's separate open-container-in-a-vehicle rule, and violators over 17 face a $25 to $200 forfeiture.
Sec. 13-155 Public drinking prohibited. No person shall consume or have in his possession open containers of intoxicants of fermented malt beverages, or intoxicating liquor, in or upon any public thoroughfare. The word "thoroughfare" includes any public road, street, alley, highway, freeway, interstate, county trunk highway, or public right-of-way.
Full Breakdown
Sec. 13-155 states that no person shall consume or possess open containers of intoxicants, fermented malt beverages, or intoxicating liquor 'in or upon any public thoroughfare,' and defines thoroughfare to include any public road, street, alley, highway, freeway, interstate, county trunk highway, or public right-of-way. This is separate from Sec. 13-102(c)(2), which adopts Wis. 935 (intoxicants in motor vehicles) as its own county offense carrying a distinct $50-$200 forfeiture; Sec. 13-155 instead targets pedestrians, cyclists and anyone in open public space rather than vehicle occupants.
Sec. 13-155 sits in Division 2 of Chapter 13, Article II, so the Division 2 default penalty in Sec. 13-151 applies since no separate penalty is written into Sec. 13-155 itself. A violator over 17 faces a forfeiture of not less than $25 nor more than $200 plus costs, with nonpayment converting to county jail commitment capped at 60 days for a forfeiture in that $100-$200 range. A violator aged 14 to 17 instead faces a forfeiture of $10 to $25 plus costs or referral to juvenile authorities under Wis.
Stat. Ch. 48 or 938, and anyone under 14 is referred outright. The Waukesha County Sheriff's Department and district attorney enforce Chapter 13 under Sec. 13-101, and because this is a county ordinance it governs the unincorporated towns; the incorporated cities and villages inside the county have their own police departments and separate municipal open-container rules.
Violations & Fines
An adult violator of Sec. 13-155 faces a forfeiture of $25 to $200 plus costs under Sec. 13-151(b), with nonpayment converting to county jail commitment of up to 60 days for a forfeiture in that bracket. A 14-to-17-year-old instead faces a $10-$25 forfeiture or juvenile referral, and anyone under 14 is referred to juvenile authorities with no fine at all. The separate vehicle open-container offense under Sec. 13-102(c)(2) carries its own $50-$200 forfeiture.
Frequently Asked Questions
Can I drink a beer while walking along a county road in Waukesha County?
Is this the same rule as an open container in a car?
What if I cannot pay the forfeiture for public drinking?
Does the public drinking ban apply on my own porch or yard?
Sources & Official References
Other rules in Waukesha County
Compare Waukesha County to another location·View the Wisconsin public conduct overview
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