HomeMy WebLinkAboutItem 5: Ordinance on Mixed Martial Arts
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: 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 28, 2008 Agenda Item Number: 5
Department: Planning and Development Staff Contact: Keli Osborn
www.eugene-or.gov Contact Telephone Number: 682-5288
ISSUE STATEMENT
State laws and regulations now preempt Eugene’s ordinance regulating amateur mixed martial arts,
otherwise known as extreme or cage fighting. Eugene’s ordinance is proposed for repeal.
BACKGROUND
The Eugene City Council conducted a public hearing July 21 on an ordinance proposing repeal of the
City’s ordinance regulating extreme fighting within the city limits. Information was provided ahead of
the hearing to interested parties.
In early 2007, the council adopted Ordinance No. 20375, regulating amateur mixed martial arts events.
The 2007 Oregon Legislature later addressed 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 and amateur mixed martial arts events in this state. The State’s permanent
administrative rules regulating promoters, 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 our existing local regulation of extreme fighting.
Earlier this year, City of Eugene staff offered comments on the proposed State administrative rule to
highlight areas that had been of concern to the council, such as medical testing and insurance coverage
for contestants. A few differences remain between State regulations and those previously adopted in
Eugene by administrative rule: Unlike Eugene, the State does not provide for an accidental death benefit
for amateur contestants and it sets its insurance coverage lower ($10,000 versus $20,000).
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
Fighting Administrative Rule R-4.740 and Council Ordinance 20375, prohibiting extreme fighting and
amending sections in Eugene Municipal Code Chapter 4 (Offenses).
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COUNCIL OPTIONS
Because the State has preempted existing local regulation, repeal of existing code sections regulations
extreme fighting is proposed. Supplementary options include:
1.Provide written correspondence to the Oregon State Athletic Commission again encouraging
greater protections for amateur contestants, as well as evaluation of the State rule following more
experience with its provisions.
2.Provide written objections to the Oregon State Athletic Commission for Eugene bouts, unless
and until greater protections are provided for amateur contestants. (Local approval is not required
for events.)
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adoption of the ordinance repealing section 4.470 and amending section
4.990 of the Code. Once the code section has been repealed, the City Manager will repeal the applicable
administrative rule.
SUGGESTED MOTION
Move to adopt an Ordinance Concerning Prohibition of Extreme Fighting; Repealing Section 4.740 of
the Eugene Code, 1971, and Amending Section 4.990 of that Code. Move to direct the City Manager to
prepare written correspondence to the Oregon State Athletic Commission encouraging greater
protections for amateur contestants.
ATTACHMENTS
A.Proposed ordinance
FOR MORE INFORMATION
Staff Contact: Keli Osborn, Building & Permit Services, Planning & Development Department
Telephone: 682-5288
Staff E-Mail: keli.m.osborn@ci.eugene.or.us
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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 July 1, 2008, amended Oregon Administrative Rules 230-010-0000 et
seq., regulating mixed martial arts matches, became effective.
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;
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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
Ordinance -
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08 Repeal Extreme Fighting Ord - EC 4.740 (00198685).DOC
punishable by a fine in an amount equal to the gross revenues earned
from the extreme fighting match.]
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 -
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