Chapter 95 Loitering

[HISTORY: Adopted by the Village Board of the Village of Holmen 9-10-1964. Amendments noted where applicable.]

§ 95-1.  Vagrancy and loitering prohibited.  [Amended 6-10-1993[1]]

1. No person shall loiter or loaf about public buildings, places or premises or wander about the streets, alleys, parks or other public places either by day or night, whose actions give rise to a suspicion of wrongdoing and who is unable to give a satisfactory account of himself, or who, having the physical ability to work, is without any visible means of support and does not seek employment, or who derives part of his support from begging, prostitution, pandering, fortune telling or as a similar impostor.
2. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

§ 95-2.  Obstructing streets and sidewalks prohibited.
No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village of Holmen in such manner as to prevent or hinder, obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

§ 95-3.  Violations and penalties.

1. Any person under the age of 18 years violating the provisions of § 95-1 hereof may be referred to the proper juvenile authorities, as provided in Chapter 48 of the Wisconsin Statutes, and in the case of repeated violations by the same person both the person and the parents or legal guardian of such person shall be referred to the juvenile authorities.
2. Any person of 18 years or older violating §§ 95-1 and 95-2 hereof shall forfeit to the Village of Holmen the sum of not less than $50 or more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense, and the costs of prosecution, and in case of default of payment of such forfeiture and costs, shall be imprisoned in the County jail until payment of such forfeiture and costs of prosecution but not exceeding 30 days for each violation. [Amended 5-11-2006 by Ord. No. 5.06]

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Foot Notes:

[1].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).