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City of Prescott, WI
Pierce County
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Table of Contents
Table of Contents
A. 
The City of Prescott, by its Common Council, has determined that lewd conduct in the public domain, within the City, presents substantial risk of promoting promiscuity, prostitution, and sexually transmitted disease, destroys the quality of life, is injurious to families, increases the incidence of juvenile delinquency, crime, and disorderly conduct, and reduces property values, blights the City neighborhoods, and is detrimental to the health and welfare of the citizens of the City.
B. 
Business establishments may have considered the possibility of adult entertainment for their patrons featuring nude or seminude performers. The Common Council of the City of Prescott has determined that such conduct or activities can be detrimental to the citizens of the City of Prescott. Such entertainment reduces property values, destroys the quality of life, and increases the incidence of crime, disorderly conduct, and juvenile delinquency. The purpose of this chapter is to regulate such entertainment within the incorporated area of the City of Prescott.
C. 
The Common Council of the City of Prescott, upon due consideration, has therefore determined that lewd conduct is a proper subject for regulation within the City of Prescott.
The following definitions are applicable in this chapter:
COMMUNITY
The State of Wisconsin.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernible turgid state.
OBSCENE MATERIAL
A writing, picture, sound recording or file which:
A. 
The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
B. 
Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
C. 
Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
OBSCENE PERFORMANCE
A live exhibition before an audience which:
A. 
The average person applying contemporary community standards would find appeals to the prurient interest if taken as a whole;
B. 
Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
C. 
Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
SEXUAL CONDUCT
The commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
SEXUAL INTERCOURSE
Physical sexual contact between individuals that involves the genitalia of at least one person, including, but not limited to, heterosexual intercourse, sodomy, fellatio, or cunnilingus.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any person who, within the City of Prescott municipal limits, knowingly or intentionally, in a public place, does any of the following commits public indecency:
(1) 
Engages in sexual intercourse;
(2) 
Engages in sexual conduct;
(3) 
Engages in an obscene performance or act;
(4) 
Appears in a state of nudity;
(5) 
Fondles the genitals of himself/herself or of another person;
B. 
In addition to any other actions allowed by law or taken by the City of Prescott Common Council and/or committee thereof, including the action of applicable license revocation or nonrenewal, anyone who violates any of the provisions of this section shall be subject to a forfeiture as provided in § 1-4 of this Code for each offense, together with the costs of prosecution. If such forfeiture and cost are not paid, such person so convicted shall be subject to any civil penalties or other penalties available by law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).