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Home My WebLink AboutItem 2: Ordinance on Mixed Martial Arts ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Prohibition of Extreme Fighting; Repealing Section 4.740 of the Eugene Code, 1971; and Amending Section 4.990 of that Code Meeting Date: July 21, 2008 Agenda Item Number: 2 Department: Planning and Development Staff Contact: Keli Osborn www.eugene-or.gov Contact Telephone Number: 682-5228 ISSUE STATEMENT The State of Oregon now has statutory and administrative rule provisions regulating amateur mixed martial arts, otherwise known as extreme or cage fighting. These state requirements preempt Eugene’s ordinance, adopted in January 2007, requiring repeal action at the local level. BACKGROUND In January 2007, the Eugene City Council adopted an ordinance prohibiting extreme fighting within the city, unless the extreme fighting matches complied with rules adopted by the City Manager. Those rules were established in March 2007. City Council action in early 2007 followed work sessions that were held in August and November 2006 and a public hearing in September 2006. At the time council took action on the ordinance, the City Attorney noted that the Oregon Boxing and Wrestling Commission anticipated working with the 2007 Oregon Legislature to regulate extreme fighting. The 2007 Oregon Legislature did address the issue, and amended Chapter 463 of the Oregon Revised Statues to require that the Superintendent of State Police license and regulate participants and officials for all professional boxing and professional and amateur mixed martial arts events in this state. The State’s permanent rules affecting promoters, professional boxers, professional and amateur mixed martial arts contestants, referees, timekeepers and others associated with the activities went into effect June 13, 2008. Now that the permanent rule is in effect, it preempts any local regulation of extreme fighting. State regulations incorporate many, but not all, of the same protections found in Eugene’s regulations. Earlier this year, City of Eugene staff offered comments on the rule to highlight areas that had been of concern to the council, such as medical testing and insurance coverage for contestants. Because the City of Eugene no longer has authority to regulate amateur extreme fighting, it is necessary to repeal the ordinance and eliminate the local administrative rule. However, nothing in the Oregon Revised Statutes prevents a county or city from “…objecting to the holding of, or participating in, any boxing, mixed martial arts or entertainment wrestling event.” Objections to an event must be filed in writing with the Oregon State Athletic Commission. RELATED CITY POLICIES Regulations related to extreme fighting support an adopted council value for a Safe Community: A community where people feel safe, valued, and welcome. Specific policies include the existing Extreme Z:\CMO\2008 Council Agendas\M080721\S0807212.doc Fighting Administrative Rule R-4.740 and City Council Ordinance 20375, prohibiting extreme fighting and amending sections in Eugene Municipal Code Chapter 4 (Offenses). COUNCIL OPTIONS No formal action is required at this time. Options will be provided as part of the deliberations on the proposed ordinance on July 28. CITY MANAGER’S RECOMMENDATION This item is scheduled for a public hearing only. Following the City’s receipt of all testimony, the City Manager will make a recommendation to be included in the council packet for action on July 28. SUGGESTED MOTION No motion is proposed as this item is scheduled for a public hearing. ATTACHMENTS A.Proposed Ordinance FOR MORE INFORMATION Staff Contact: Keli Osborn, Building & Permit Services, Planning & Development Department Telephone: 682-5228 Staff E-Mail: keli.m.osborn@ci.eugene.or.us Z:\CMO\2008 Council Agendas\M080721\S0807212.doc ATTACHMENT A ORDINANCE NO. ___________ AN ORDINANCE CONCERNING PROHIBITION OF EXTREME FIGHTING; REPEALING SECTION 4.740 OF THE EUGENE CODE, 1971; AND AMENDING SECTION 4.990 OF THAT CODE. The City Council of the City of Eugene finds that: A. On January 8, 2007, the City Council adopted Ordinance No. 20375 adding Section 4.740 to the Eugene Code, 1971, which prohibited extreme fighting except for matches in which the participants and the promoter comply with rules established by the City Manager. B. In June of 2007, the Oregon Legislature adopted Senate Bill 492, (OR Laws Chapter 585, 2007) which provides that ordinances regulating mixed martial arts adopted by cities and counties before February 1, 2007, may not be enforced once the Superintendent of State Police adopts administrative rules regulating mixed martial arts matches. The definition of “mixed martial arts” contained in Senate Bill 492 includes the conduct defined in the Eugene Code as “extreme fighting.” C. On June 13, 2008, the Superintendent of State Police adopted amended Oregon Administrative Rules 230-010-0000 et seq., regulating mixed martial arts matches. D. Because the State of Oregon now has sole jurisdiction to regulate mixed martial arts, including the conduct defined in the Eugene Code as extreme fighting, Section 4.740 of the Eugene Code, 1971, which contains the provisions prohibiting extreme fighting, should be repealed. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.740 of the Eugene Code, 1971, is repealed. 4.740 Extreme Fighting – Prohibited. [ (1) No person shall engage in, participate in, promote, or facilitate extreme fighting within the city. (2) As used in this section: (a) “Extreme fighting” includes any amateur match, competition, or exhibition that combines elements of boxing, wrestling and martial arts, except for a match, competition or exhibition in which the participants and the promoter, if any, comply with and enforce rules adopted by the city manager to: 1. Ensure participants will be matched with others of comparable skill, experience and weight; Ordinance - Page 1 of 3 08 Repeal Extreme Fighting Ord - EC 4.740 (00198685) 2. Impose limitations on the use of blows or maneuvers that may cause serious physical injury; 3. Promote the safety and fairness of the event; 4. Require that either the promoter or the participant provide proof of medical insurance for short-term and long-term care for any serious physical injury that a participant suffers during a match, competition or exhibition; 5. Require on-scene medical personnel with at least paramedic rating or equivalent training; 6. Impose limitations on attendance by minors without consent of parent or guardian; and 7. Prohibit participation by minors. (b) An “amateur match, competition or exhibition” is one where one or more of the participants is not licensed as a professional boxer or wrestler by the State of Oregon. (c) “Serious physical injury” has the meaning given in ORS 161.015(8). (d) “Facilitate” means to arrange for or to enable; it includes but is not limited to making a room, arena, or any other facility or space available where participants engage in extreme fighting that may be witnessed by other members of the public, whether a fee to attend or view is paid or not.] Section 2. Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended to delete the penalty reference to Section 4.740 in the list of penalties; and Subsection (11) of Section 4.990 of the Eugene Code, 1971, is repealed. 4.990 Penalties – Specific. (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each. In addition, the court may order any treatment, related to the violation, deemed necessary for rehabilitation of the offender and the safety of the community. Section Penalty [4.740 See subsection (11) of this section] (11) [ Violation of 4.740 is punishable by a fine not to exceed $5,000 or 1 year in jail or both. In addition, violation of 4.740 is punishable by a civil administrative penalty in an amount not to exceed $500 for each violation. In addition to the above penalties, violation of 4.740 by a person who facilitates or promotes extreme fighting within the city is punishable by a fine in an amount equal to the gross revenues earned from the extreme fighting match.] Ordinance - Page 2 of 3 08 Repeal Extreme Fighting Ord - EC 4.740 (00198685) Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of _____________, 2008 ____ day of _____________, 2008 ___________________________ ____________________________ City Recorder Mayor Ordinance - Page 3 of 3 08 Repeal Extreme Fighting Ord - EC 4.740 (00198685)