HomeMy WebLinkAboutItem 4: PH on Ordinance Concerning Extreme Fighting
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Prohibiting Extreme Fighting; Adding Section 4.740 to
the Eugene Code, 1971; and Amending Section 4.990 of that Code
Meeting Date: September 11, 2006 Agenda Item Number: 4
Department: City Attorney’s Office Staff Contact: Jerry Lidz
www.eugene-or.gov Contact Telephone Number: 682-5080
ISSUE STATEMENT
This is a public hearing on a proposed ordinance to regulate extreme fighting, also known as cage
fighting.
BACKGROUND
Chapter 463 of the Oregon Revised Statutes regulates professional boxing and wrestling. Typically,
cage fighters are amateurs. Because the State does not regulate amateur fighting and does not prohibit
the City from doing so, the City may regulate cage fighting.
The City Council held a work session on a proposed ordinance to prohibit cage fighting on August 14,
2006, and approved a motion to schedule this public hearing on the draft ordinance. Attachment A is the
same draft ordinance the council discussed at the August 14 work session. The City Attorney’s Office
has attempted unsuccessfully to contact the Oregon State Police for information on state enforcement of
its ban on extreme fighting and technical suggestions on the definition of extreme fighting. Staff
anticipates amending the ordinance after receiving that input and additional direction from the council
following the public hearing.
The draft ordinance would prohibit both promotion of and participation in extreme fighting by amateurs.
The ordinance defines “extreme fighting” so that it covers the aspects of cage fighting that make it
especially dangerous for the participants. Penalties may include fines, jail time and civil penalties. The
draft ordinance does not regulate professional fighting, which is regulated by the State. (State law also
prohibits extreme fighting, but it defines “extreme fighting” as a “no-holds-barred” match, and it is
unclear whether cage fighting as recently conducted in Eugene would fit that definition. The proposed
ordinance defines the term more broadly.)
RELATED CITY POLICIES
Not applicable.
COUNCIL OPTIONS
Staff requests direction from the council following the public hearing. The council has the following
options:
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1. Direct staff to schedule the ordinance as drafted for further consideration and possible adoption.
2. Direct staff to modify the draft ordinance as follows: [specify changes for staff to make].
3. Direct staff to do further investigation and schedule a work session on a modified draft ordinance.
4. Decide not to ban or regulate cage fighting, and take no further action.
CITY MANAGER’S RECOMMENDATION
The City Manager has no recommendation on this matter.
SUGGESTED MOTION
No motion is suggested.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Jerry Lidz
Telephone: 682-5080
Staff E-Mail: jerome.lidz@harrang.com
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE PROHIBITING EXTREME FIGHTING; ADDING
SECTION 4.740 TO THE EUGENE CODE, 1971; AND AMENDING
SECTION 4.990 OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4.740 is added to the Eugene Code, 1971, to provide:
4.740 Extreme Fighting – Prohibited.
(1) No person shall engage in, participate in, promote, or facilitate
extreme fighting within the city. To “facilitate” shall include 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.
(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 and for which no rules have been established and
enforced that:
1. Ensure participants will be matched with others of
comparable skill, experience and weight; and
2. Impose limitations on the use of blows or maneuvers that
may cause serious physical injury.
(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).
Section 2.
Subsection (1) of Section 4.990 of the Eugene Code, 1971, is
amended by inserting an entry for Section 4.740 in numerical order therein, and adding
the following new subsection (11) thereto, to provide:
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:
Ordinance -
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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.
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 ____________, 2006 ____ day of ___________, 2006
___________________________ ____________________________
City Recorder Mayor
Ordinance -
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