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:
The State of Wisconsin.
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.
A writing, picture, sound recording or file which:
The average person, applying contemporary community standards,
would find appeals to the prurient interest if taken as a whole;
Under contemporary community standards, describes or shows sexual
conduct in a patently offensive way; and
Lacks serious literary, artistic, political, educational or
scientific value, if taken as a whole.
A live exhibition before an audience which:
The average person applying contemporary community standards
would find appeals to the prurient interest if taken as a whole;
Under contemporary community standards, describes or shows sexual
conduct in a patently offensive way; and
Lacks serious literary, artistic, political, educational or
scientific value, if taken as a whole.
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.
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.
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:
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]