[HISTORY: Adopted by the Village Board of the Village of Coloma 6-26-2008 by Ord. No. 9-6-9. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 165.
Alcohol beverages — See Ch. 171.
Massage establishment — See Ch. 331.
Nuisances — See Ch. 354.
Peace and good order — See Ch. 376.
Zoning — See Ch. 480.
A. 
It shall be unlawful for any person so knowingly or intentionally, in a public place, to:
(1) 
Engage in sexual intercourse;
(2) 
Engage in deviate sexual conduct;
(3) 
Appear in a state of nudity with the intent to arouse the sexual desires of the person or another person; or
(4) 
Fondle the person's genitals or genitals of another person.
B. 
A person who, in a place other than a public place, with the intent to be seen by persons other than invitees and occupants of that place, 1) engages in sexual intercourse; 2) engages in deviate sexual conduct; 3) fondles the person's genitals or the genitals of another person; or 4) appears in a state of nudity shall be in violation of this chapter and subject to prosecution and/or civil fines.
As used in this chapter, the following terms shall have the meanings indicated:
NUDITY
The showing of the human male or female genital [sic], pubic hair or buttocks with less than fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
PUBLIC PLACE
Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
The prohibition set forth in §§ 350-1 and 350-2 above shall not apply to:
A. 
Any child under 10 years of age; or
B. 
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
The provisions of this chapter do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, dinner theaters, and any establishments where live dance, live ballet, live music and live dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing or other live adult entertainment. All dancers and other performers of live nude and erotic dancing must conform with said chapter so as to further the Village's interest in protecting order and morality, including the wearing by female performers of opaque pasties and g-strings and the wearing by male performers of opaque clothing entirely covering their genitalia.
A. 
Violations of this chapter may be enforced by a citation issued and/or arrest by Village of Coloma and/or the Waushara County Sheriff's Department.[1]
[1]
Editor's Note: Section 6(b), regarding violations of "Section 10," which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Any person, partnership, limited liability partnership, limited liability company, corporation or any other form of business organization who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a forfeiture as provided in § 1-2, General penalty, of this Code for each and every offense. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient grounds for suspending, revoking, or nonrenewal of any alcohol beverage license under § 125.12, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Any person in violation of this chapter will be entitled to exercise the municipal appeal process outlined pursuant to Ch. 68, Wis. Stats.