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HomeMy WebLinkAboutOrdinance 05-2009 - tabled ORDINANCE NO. 05-09 AN ORDINANCE REGULATING MIXED MARTIAL ARTS (MIXED FIGHTING STYLE) CONTESTS 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. MIXED MARTIAL ARTS (MIXED FIGHTING STYLE) CONTESTS Section 10-1. Purpose of Regulation WHEREAS contests advertised as ultimate fighting, extreme fighting, no holds barred fighting, full contact fighting, cage fighting, mixed martial arts contests, mixed fighting style competitions, ground or pound challenges, or tough man 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; and WHEREAS such fighting 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 WHEREAS South Dakota law authorizes municipalities to adopt ordinances to protect the health, welfare and safety of its residents and recent State legislation does not prohibit ordinances which regulate mixed martial arts competitions. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Brookings, South Dakota, that: Section 10-2. Prohibition/Permit Required/Required Insurance Coverage A. No person or other entity shall publicize or promote a mixed martial arts or ultimate fighting match 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 shall conduct or engage in a mixed martial arts or an ultimate fighting match or contest within the corporate boundaries of the City of Brookings, South Dakota, unless such match has been permitted by the City of Brookings. C. No ultimate fighting match or contest 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 martial arts fighters. The promoter shall be responsible for payment of any deductible under said policy. In addition, the promoter shall furnish a general liability policy and excess umbrella insurance coverage totaling a minimum amount of One Million Dollars ($1,000,000)per occurrence. 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 mixed martial arts event, match or contest as defined in this ordinance must secure a permit at least ten(10) days prior to the event, match or contest. B. The person or entity seeking a permit to conduct a mixed martial arts, match or contest 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. 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. Payment of the permit fee in the amount of One Hundred Fifty Dollars ($150). 4. A certification of insurance showing coverage for injuries to participants in an amount of at least Ten Thousand Dollars ($10,000)per incident (Short-term Medical Insurance). 5. A certification of insurance showing the promoter or venue has a general liability insurance policy and/or umbrella liability policy totaling a minimum amount of One Million Dollars ($1,000,000)per occurrence, and the applicant's insurance shall name the city as an additional named insured. 6. 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. 7. The weight classes applicable to the event, match or contest and a description of the method and criteria to be used to match contestants so that contestants of substantially unequal skill or experience will not compete against each other. 8. A description of the security to be employed at the event, match or contest. 9. The presence of the highest level of emergency medical personnel available in the city. At a minimum,this staff must include a licensed EMT and ambulance on site. 10. A copy of the rules to be enforced, which shall be established by a nationally recognized organization which engages in sanctioning matches or contests either nationally or regionally. The rules shall provide safety standards which are equivalent to the safety requirements provided in this ordinance and the protections to be established by the South Dakota Boxing Commission or certain of the Athletic Commission Rules established by the State of North Dakota and appended hereto. If the safety standards set forth in the Appendix to this ordinance are more stringent than the rules set forth above, the more stringent provision shall apply. Section 10-4. Required Rules Any event, match or contest must be conducted in accordance with all rules established by this ordinance and by a nationally recognized organization which engages in sanctioning matches or contests either nationally or regionally. The rules shall provide safety standards which are equivalent to the safety protections provided in this ordinance and the protections provided in the Mixed Martial Arts Rules of the State of North Dakota appended hereto. Any event, match or contest shall also be conducted in accordance with a set of rules and regulations that must also include the following: A. A prohibition that makes the following acts illegal: 1. A fighter may not strike their opponent with the heel of their palm to the mask of the face. 2. A fighter may not strike their opponent with downward or spiking elbows. 3. A fighter may not kick their opponent's head once the opponent's knee touches the ring floor or the opponent is using one of their hands or arms on the mat for support. 4. A fighter may not spike an opponent's head. 5. A fighter may not use a single hand or fingertip throat choke. 6. A fighter may not use a single digit lock to the fingers or toes. B. A requirement that participants wear the following clothing or equipment: 1. A protective groin cup during all matches (males only). 2. A mouth piece. 3. Mixed martial arts style gloves of at least five (5) ounces. C. A prohibition that participants may not wear apparel or equipment which includes metallic and/or hard plastic and/or any edge or surface which could cause injury to the fighters. D. A prohibition that a participant may not participate in another event, match or contest within three (3) days of participating in the permitted event, match or contest. In the following circumstances additional time must expire before the participant may compete: 1. If a fighter was defeated by a Knock Out or TKO there must be a minimum of seven (7) days between the permitted event, match or contest and the prior event, match or contest. 2. If a fighter was knocked or choked unconscious there must be a minimum of thirty (30) days between the permitted event, match or contest and the event, match or contest in which the participant was rendered unconscious. In addition, participants must present a clearance to participate issued by a licensed physician. The physician must be licensed in South Dakota or the state in which the participant resides. 3. If a fighter broke a bone in an event, match or contest there must be a minimum of thirty (30) days between the permitted event, match or contest and the event, match or contest in which the participant broke the bone. In addition,participants must present a clearance to participate issued by a licensed physician. The physician must be licensed in South Dakota or the state in which the participant resides. E. A prohibition that amateur fighters may not compete with professional fighters. A professional fighter is defined as an athlete who has been paid for his/her performance in any event, match or contest that meets the definition of ultimate fighting. Once a participant has been paid for an ultimate fight of any kind the participant cannot be considered an amateur for any type of ultimate fight. F. A requirement that a match or contest will be immediately stopped under any of the following circumstances: 1. The referee/official determines that a participant is taking excessive punishment creating substantial risk of severe injury or any other reason the referee/official believes requires the match or contest be stopped to protect the participants' safety. 2. If a licensed physician determines that a participant should not continue due to a cut or other injury. 3. The participant"taps out"which is construed as tapping the mat three (3) or more times to indicate his/her desire to end the match or contest. The participant must also be able to terminate the match or contest by verbally indicating that he/she quits or gives up. 4. If a participant's corner feels the participant should not continue and so indicates by throwing a towel into the ring or by other means indicates that the match or contest should end. G. No match or contest shall be more than fifteen(15)minutes in duration and no round shall be more than five (5) minutes in duration. H. No participants shall be paired with an opponent with more than a fifteen percent (15%) deviation in body weight except that participants weighing more than two hundred(200) pounds may be matched against an opponent that weighs no more than twenty-five percent (25%) more or less than the participant. I. The following contests or events are prohibited: 1. Matches containing both amateur and professional contests on the same card. 2. Matches in which more than two participants appear in the ring or fenced area at the same time. 3. Matches in which members of the opposite sex are competing against each other. 4. Any barroom type brawls, "so you think you're tough"type contests, roughneck type matches, or matches of similar character or nature if any participant receives remuneration directly or indirectly, whether or not a participant has prior organized amateur or professional training. 5. Matches in which there are no gloves used by the participants. 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 regional sanctioning body, such as a State Athletic Commission or a nationally recognized organization which engages in sanctioning mixed martial arts matches and contests. 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 contained herein and appended hereto. Section 10-6. Definitions 1. "Contest"means a contest of mixing fighting style. 2. "Exhibition"means an exhibition of mixed fighting style where a decision is not rendered. 3. "Fish-hooking"means the action of hooking (grasping) and pulling the inside of a participant's eyes, nose, ear, or mouth. 4. "Gong"means the bell, horn, or buzzer that has a clear tone loud enough for the contestants and referee to hear. 5. "Grounded"means when a participant's torso or any three points of the participant's body contact the floor. 6. "Match" means any contest or exhibition, in which participants intend to and actually in inflict punches, blows, or employ other techniques to temporarily incapacitate an opponent in a match, regardless of whether the object of the participants is to win or display their skills without striving to win. 7. "Mixed fighting style competition" means an advertised or professionally promoted exhibition or contest for which any type of admission fee is charged and in which participants inflict or employ kicks, punches, blows,holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent. The techniques include a combination of boxing, kickboxing, wrestling, grappling, or other recognized martial arts. 8. "Participant"means a participant in a match who receives remuneration directly or indirectly as consideration for the participant's performance. 9. "Promoter"means any person, club, corporation, or association, and in the case of a corporate promoter, includes any of officer, director, employee, or stockholder thereof, who produces, arranges, or stages any professional mixed fighting style contests or exhibitions. 10. "Sanctioning Body". A sanctioning body is any nationally recognized organization which engages in sanctioning mixed martial arts matches or contests either nationally or regionally. The Mixed Martial Arts Rules adopted by the North Dakota Athletic Commission and appended hereto shall constitute the minimum protections applicable to mixed martial arts matches or contests in Brookings. The sanctioning body must have adopted a set of rules governing the manner in which the matches or contests will be conducted which include safety standards which are the equivalent of or more stringent than the safety standards contained herein and appended hereto. 11. "Serious Bodily Injury". An injury that creates a substantial risk of death or substantial risk of serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss of the function of a bodily member or organ. 12. "Stalling or faking" means that one or neither opponent is trying to better that person's position. 13. "Tap out" means the physical act of tapping the opponent, the mat, or one's self to signal one's submission. When unable to physically tap out, a submission can be vocal. 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 required under this chapter 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; or 3. Other emergency conditions require the event to be terminated to protect public safety. 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. 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: February 24, 2009 SECOND READING: March 10, 2009 (Tabled) March 24, 2009 (Tabled) April 7, 2009 (Tabled) CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Scott D. Munsterman, Mayor Shari L. Thornes, City Clerk APPENDIX APPLICABLE "NORTH DAKOTA ATHLETIC COMMISSION" RULES Weight classes -Weigh-in and weight differences. The classes for participants competing in mixed fighting style contest or exhibition are shown in the following schedule: a. Flyweight up to 125 pounds b. Bantamweight over 125 to 135 pounds c Featherweight over 135 to 145 pounds d. Lightweight over 145 to 155 pounds e. Welterweight over 155 to 170 pounds f. Middleweight over 170 to 185 pounds g. Light heavyweight over 185 to 205 pounds h. Heavyweight over 205 to 265 pounds i. Super heavyweight all over 265 pounds Rounds; Number; Length; Rest Period. A round of mixed fighting style in a contest or exhibition of mixed fighting style competition must be five minutes in duration. A period of rest following a round of mixed fighting style in a contest or exhibition of mixed fighting style competition must be one minute in duration. Gloves. For each contest or exhibition of mixed fighting style, the participant must wear gloves that weigh not less than four ounces and not more than eight ounces. Fouls. The following acts constitute a foul: a. Butting with the head. b. Eye gouging of any kind. c. Biting. d. Hair pulling. e. Fish-hooking. f. Groin attacks of any kind g. Putting a finger into any orifice or into any cut or laceration on an opponent. h. Small joint manipulation. i. Striking to the spine or the back of the head. The back of the head is defined as the area behind each ear from the top of the head to the base of the neck. The spine is defined as the area from two inches to the left of the backbone to two inches to the right of the backbone. j. Striking downward using the point of the elbow. k. Throat strikes of any kind, including, without limitation, grabbing the trachea. 1. Clawing, pinching, or twisting the flesh. m. Grabbing the clavicle. n. Kicking the head of a grounded opponent. o. Kneeing the head of a grounded opponent. p. Stomping a grounded opponent. q. Kicking to the kidney with the heel. r. Spiking an opponent to the canvas on the opponent's head or neck. s. Throwing an opponent out of the ring or fenced area. t. Holding the shorts or gloves of an opponent. u. Spitting at or on an opponent. v. Engaging in any unsportsmanlike conduct that causes an injury to an opponent. w. Holding the ropes or the fence. x. Using abusive language in the ring or fenced area. y. Attacking an opponent on or during the break. z. Attacking an opponent who is under the care of the referee. aa. Attacking an opponent after the bell has sounded the end of the period of mixed fighting style competition. bb. Flagrantly disregarding the instructions of the referee. cc. Timidity, including, without limitation, avoiding contact with an opponent, intentionally or consistently dropping the mouthpiece or faking an injury. dd. Interference by the corner.