HomeMy WebLinkAboutItem C: Ordinance Prohibiting Extreme Fighting
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: An Ordinance Prohibiting Extreme Fighting; Adding Section 4.740 to the
Eugene Code, 1971; and Amending Section 4.990 of that Code
Meeting Date: November 27, 2006 Agenda Item Number: C
Department: City Attorney’s Office Staff Contact: Jerry Lidz
www.eugene-or.gov Contact Telephone Number: 682-5080
ISSUE STATEMENT
This is the second work session on a proposed ordinance to regulate extreme fighting, also known as
cage fighting, which is sometimes considered a form of mixed martial arts.
BACKGROUND
Chapter 463 of the Oregon Revised Statutes regulates professional boxing and wrestling, and the statutes
define “wrestling” to include all forms of fighting not specifically covered elsewhere in the statutes.
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 amateur fighting.
The council held a work session on a proposed ordinance to prohibit cage fighting on August 14, 2006,
and a public hearing on the proposed ordinance on September 11, 2006. Attachment A is a revised draft
of the ordinance the council considered at the work session and public hearing. The revised draft
modifies the definition of prohibited “extreme fighting” to exclude matches in which the participants
and the promoter comply with rules adopted by the City Manager.
Several states have adopted rules to regulate mixed martial arts. Attachment B is an annotated version
of rules adopted by the Nevada Athletic Commission to regulate the conduct of the matches. Other rules
regulate the ring, the fighters’ weight classes and other aspects of the events. Nevada’s rules are the
same, or substantially the same, as those in several other states.
The draft ordinance would prohibit both promotion of and participation in “extreme fighting” by
amateurs; but, as described above, it now defines “extreme fighting” to exclude matches that comply
with rules adopted by the City Manager. In other words, the ordinance would allow cage fighting and
other mixed martial arts so long as the matches comply with the rules. Penalties for violation of the
rules could 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, whether amateur or
professional, but the statute 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 definition of
“extreme fighting” in the proposed ordinance is broader in that it includes fighting that may bar some
holds.)
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Mixed martial arts have become increasingly popular in many states during the past several years.
Advocates for mixed martial arts have asserted that it is much safer than boxing, and that opinion
appears to have some support. They have also asserted that it is safer than other non-combat sports such
as football; that conclusion is impossible to document, because of the lack of comparative statistics
concerning the elative participation in the two activities. The statistic that only one person has died as a
result of a mixed martial arts event in seventy years has been repeated in several articles, but again that
is difficult to verify.
Staff to the Oregon Boxing and Wrestling Commission report that they plan to work with the Legislature
to amend the State statutes governing boxing and wrestling to regulate amateur mixed martial arts. If
passed, it is possible that the bill would pre-empt local regulation
RELATED CITY POLICIES
Not applicable.
COUNCIL OPTIONS
The council has the following options:
1. Direct the City Manager to place the ordinance on a future City Council agenda for action.
2. Direct the City Manager to modify the draft ordinance as follows: [specify changes for staff to
make].
3. Direct the City Manager to conduct further investigation of regulation of mixed martial arts and to
schedule another public hearing on the modified ordinance.
4. Direct the City Manager to monitor legislative proposals to regulate amateur mixed martial arts at
the state level and report to the council at the end of the legislative session.
5. 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
B. Nevada Athletic Commission regulations on mixed martial arts
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.
(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;
2. Impose limitations on the use of blows or maneuvers that
may cause serious physical injury; and
3. Promote the safety and fairness of the event.
(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 by inserting an entry for Section 4.740 in numerical order therein, and adding
the following new subsection (11) thereto, to provide:
Ordinance -
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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:
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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