HomeMy WebLinkAboutItem 7: Ordinance Prohibiting Extreme Fighting
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Prohibiting Extreme Fighting; Adding Section 4.740 to the
Eugene Code, 1971; and Amending Section 4.990 of that Code
Meeting Date: January 8, 2007 Agenda Item Number: 7
Department: City Attorney’s Office Staff Contact: Jerry Lidz
www.eugene-or.gov Contact Telephone Number: 682-5080
ISSUE STATEMENT
The City Council is scheduled to take action on an ordinance to regulate “extreme fighting,” also known
as cage fighting, which is sometimes considered a form of mixed martial arts (MMA). The ordinance
would prohibit unregulated, amateur MMA matches, but would permit matches that comply with rules
to be adopted by the City Manager. The ordinance sets out four issues that the manager’s rules must
address.
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.
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 the proposed ordinance on August 14, 2006, a public hearing on
September 11, 2006, and another work session on November 27, 2006. Attachment A is a revised draft
of the ordinance that includes an amendment, approved by the council at the last work session, to require
that the City Manager’s rules include a requirement that MMA participants be covered by medical
insurance. At the November 27 work session, Councilor Bettman asked staff to bring back an
amendment to prohibit minors from attending or participating in MMA events; that amendment is set
out in Option 2, below.
The draft ordinance would prohibit both promotion of and participation in “extreme fighting” by
amateurs; but, as described above, it 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.
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.
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If the council adopts the ordinance, the City Manager will adopt administrative rules, as required by the
ordinance, using the standard rule-making process in EC 2.019. It is expected that the starting point for
those rules will be MMA rules adopted by other states.
RELATED CITY POLICIES
None.
COUNCIL OPTIONS
The council has the following options:
1. Adopt the ordinance.
2. Amend the ordinance by adding a new subparagraph 5 to section 4.740(2)(a), as follows: “Prohibit
attendance of and participation by minors.”
3. 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.
(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;
3. Promote the safety and fairness of the event; and
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.
(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.
Ordinance -
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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:
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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