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HomeMy WebLinkAboutOrdinance 07-2013 Ordinance No. 07-13 An Ordinance Regulating Boxing,Kickboxing and Mixed Martial Arts (Mixed Fighting Style) Competitions and Sparring Competitions in the City of Brookings, South Dakota. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. CHAPTER 10,ARTICLE III. BOXING,KICKBOXING AND MIXED MARTIAL ARTS (MIXED FIGHTING STYLE) COMPETITIONS AND SPARRING COMPETITIONS Section 10-1.Purpose of Regulation A. Contests advertised as boxing, kickboxing, mixed martial arts and sparring competitions, including ultimate fighting, extreme fighting, no holds barred fighting, full contact fighting, cage fighting, mixed fighting style competitions, ground or pound challenges, or tough man contests (all hereinafter referred to as "contests")pose a substantial risk to the health of their participants unless such activities are controlled so that the activities conform to an explicit set of rules. B. Such contests pose a substantial risk to the participant's health and safety unless the contestants are equally matched in accordance to size, experience and proficiency; and C. South Dakota law authorizes municipalities to adopt ordinances to protect the health,welfare and safety of its residents who participate in such contests so long as the provisions of the ordinance do not conflict with State law or duly adopted rules of the South Dakota Athletic Commission; and D. South Dakota Senate Bill 84, enacted by the 2013 Legislature, specifically authorizes the regulation by municipalities of boxing, kickboxing and mixed martial arts competitions and sparring competitions, and the South Dakota Athletic Commission will also be promulgating regulations which will govern such contests in the State of South Dakota. Section 10-2. Prohibition/Permit Required/Required Insurance Coverage A. No person or other entity may publicize or promote a boxing, kickboxing, mixed martial arts competition or sparring competition to be conducted in the City of Brookings, South Dakota if the match has not been issued a permit by the City of Brookings. B. No person or other entity may conduct or engage in a boxing, kickboxing, mixed martial arts competition or sparring competition within the corporate boundaries of the City of Brookings, South Dakota, unless such contest has been permitted by the City of Brookings. C. No boxing, kickboxing, mixed martial arts competition or sparring competition may be conducted within the corporate boundaries of the City of Brookings even if permitted unless the promoter provides Ten Thousand Dollar($10,000) short-term medical insurance coverage for injuries to participants, approved by the City Manager prior to an event involving participants in any of the above-described contests. In addition,the promoter shall furnish a general liability insurance policy protecting the City against claims for injuries or damages to persons or property, with the insurance policy to have general liability limits of at least One Million Dollars ($1,000,000) single limit and Two Million Dollars ($2,000,000.00) aggregate. D. All participants shall be at least eighteen(18) years of age and provide proof of their age to the promoter and shall be notified by the promoter of the risks and shall be required to sign a liability waiver in a form acceptable to the City which provides that the participant understands and assumes all risks, and agrees that the City shall not be liable for any damage or liability of any kind resulting from the participant's participation in the event, match or contest. Section 10-3. Permit A. Any person or other entity intending to conduct a boxing, kickboxing, mixed martial arts competition or sparring competition as defined in this ordinance must secure a permit at least thirty (30) days prior to the event, match or contest. B. The person or entity seeking a permit to conduct a boxing, kickboxing, mixed martial arts competition or sparring competition as defined in this ordinance must file an application with the Brookings City Clerk or such other person or department as the City Manager may designate from time to time. C. Any permit issued shall cover one day only. Each day requires a separate permit and application. D. The following items must be submitted with the application: 1. The name and address of the person or persons or entity owning the facility in which the event, match or contest will be held. 2. The name and address of the person or persons promoting the event, match or contest. 3. The date,place and time of the event. 4. Payment of the permit fee in the amount established by the City's most recent fee schedule as adopted by resolution. The fees shall be non-refundable if the permit is not approved. 5. A certification of insurance showing coverage for injuries to participants in an amount of at least Ten Thousand Dollars ($10,000)per occurrence covering injuries to participants (Short-term Medical Insurance). 6. A certification of insurance showing the promoter or venue has a general liability insurance policy totaling a minimum amount of One Million Dollars($1,000,000) per occurrence, and Two Million Dollars ($2,000,000.00) aggregate, and the applicant's insurance shall name the city as an additional named insured. 7. The name and address of the official or officials (referees)that will officiate the event, match or contest together with a copy of the official's current license or certification issued by a sanctioning body. 8. A description of the security to be employed at the event, match or contest. 9. The presence of an ambulance and emergency medical personnel who will be on standby for the event 10. A copy of the rules to be enforced,which shall be established by a national or State recognized commission or organization which engages in sanctioning matches or contests either nationally, regionally or at the State level. 11. Signed waivers in a format prepared by the City from event organizers, promoters,publicists and participants providing hold harmless protection and indemnification to the City (for events held in city-owned facilities). E. The permit shall not be issued unless each of the foregoing items are included in the application and the application is complete and thorough to the satisfaction of the City. Section 10-4. Governing Contests and Competition Rules Any event, match or contest must be conducted in accordance with all rules established by this ordinance and by a nationally regionally or State recognized organization which engages in sanctioning matches or contests either nationally, regionally or sanctions matches under regulations established by a State Commission. The rules shall provide safety standards which are equivalent to the safety protections provided by a national, regional or State sanctioning organization or commission, and when South Dakota adopts such regulations pursuant to Senate Bill No. 84, the event, match or contest shall be governed by the applicable South Dakota regulations. Section 10-5. Official/Referee/Rules The official/referee for any event, match or contest shall be certified or licensed by a national sanctioning body or a State or regional sanctioning body, such as a State Athletic Commission or a nationally recognized organization which engages in sanctioning boxing, kickboxing and mixed martial arts competition and sparring competition. The official/referee for any event, match or contest shall follow the rules established by a national sanctioning body or a regional sanctioning body and the safety standards established by a national, legal or State sanctioning body, and when South Dakota regulations are promulgated,the referee shall be licensed by the State of South Dakota and shall utilize any and all regulations promulgated by the South Dakota Athletic Commission. Section 10-7. Severability The invalidity of any portion of this ordinance shall not affect the validity of the remaining portion of the ordinance, which shall remain in full force and effect. Section 10-8. Revocation A. The City Manager may revoke a permit issued under this ordinance at any time if information is obtained after the permit is issued from which the City Manager may reasonably conclude that the permit should have been denied. B. The City Manager may also revoke the permit if it is found that: 1. The person, group, association, or body which had been authorized under the permit has deviated or will deviate from what was approved in the permit; 2. The contestants are violating the law or permit conditions; 3. Other emergency conditions require the event to be terminated to protect public safety; or 4. Any information submitted pursuant to Section 10-3 was false or inaccurate. Section 10-9. Penalty Any person or other entity who violates this ordinance may be fined up to Two Hundred Dollars ($200) for each violation. The City shall inform the Executive Director of the South Dakota Athletic Commission of any violation. Each match or contest conducted in violation of this ordinance constitutes a separate offense. II. All ordinances in conflict herewith are hereby repealed. First Reading: May 14, 2013 Second Reading and Adoption: May 28, 2013 Published: May 31, 2013 CITY OF BROOKINGS, SD {12-12-ti- ,--j pe00K�.,Cy.,sk, keORai4,. s Tim Reed, Mayor ,UM • F yS1.Y,S % i'''61 0 s B2.3 Q�' ' hari Thornes, City Clerk