Wauwatosa, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Consumption banned
- Streets, sidewalks, parks, public places
- Possession allowed only if
- Sealed, unopened original container
- Vehicle rule
- No open containers in parked cars on public property
- Licensed-area exception
- Areas licensed under § 6.08.090
- Event exception
- Council-authorized festivals, block parties
- Enacted
- Ord. O-89-37 (1989), amended Ord. O-96-28 (1996)
Summary
Wauwatosa bans drinking alcohol on public streets, alleys, sidewalks, parks or other public places unless the spot is licensed under Section 6.08.090, and bars carrying an open container there too, unless it is sealed in its original package. The same rule closes the loophole of drinking in a parked car on a public street or lot.
No person shall consume any alcoholic beverages in or upon any public street, alley, sidewalk, park or other public place except such area which has been licensed pursuant to Section 6.08.090 by the common council. No person shall have in his or her possession any alcoholic beverage in or upon any public street, alley, sidewalk, park or other public place except such area which has been licensed pursuant to Section 6.08.090 by the common council unless such alcoholic beverage is in the unopened original container or sealed original package. No person shall drink from or open a container of alcoholic beverages in a motor vehicle which is parked or standing upon a public street, alley, municipal parking lot or other public place. This section shall not apply to community functions or events authorized by specific action of the common council such as, but not limited to, street festivals, block parties and properly authorized use of the civic center, Hart Park and county parks within the city.
Full Breakdown
170, enacted by Ord. O-89-37 in 1989 and amended by Ord. 08's general provisions on alcoholic beverages and imposes three linked prohibitions. 090. Second, no person may possess an alcoholic beverage in those same public places unless the license exception applies or the beverage remains in its unopened original container or sealed original package, meaning a sealed six-pack or unopened bottle can be carried through but an open one cannot. Third, the ordinance separately targets vehicles: no one may drink from or open a container of alcoholic beverages inside a motor vehicle that is parked or standing on a public street, alley, municipal parking lot or other public place, closing off the obvious workaround of treating a parked car as private space.
The section carves out an exception for community functions or events the common council specifically authorizes, naming street festivals, block parties, and properly authorized use of the civic center, Hart Park, and county parks within the city as examples, so a permitted festival beer garden does not violate the ban.
Violations & Fines
Section 6.08.170 does not set its own forfeiture amount, so a violation falls under the code's general penalty in Section 1.12.010: a forfeiture of not less than $1 nor more than $5,000 for a first offense, rising to a range of $25 to $2,000 for a repeat violation of the same ordinance section, with each day a violation continues counted as a separate offense. Enforcement runs through the citation process authorized under Section 1.24.010 and Wisconsin Statutes Chapter 800, and no violation of this section can result in imprisonment except for failure to pay an imposed forfeiture.
Frequently Asked Questions
Can I drink alcohol in a Wauwatosa park?
Can I carry an open container of alcohol on a Wauwatosa sidewalk?
Are there exceptions for street festivals in Wauwatosa?
Can I drink in a car parked on a Wauwatosa street?
Sources & Official References
Other rules in Wauwatosa
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Public Alcohol Use in Nearby Cities
How other cities in Milwaukee County handle public alcohol use.