HomeMy WebLinkAboutAmending Chapter 14 - to prohibit Ultimate Fighting in South BendORDINANCE No.
Passed by the Common Council of the Ciry of South Bend, Indiana,
July 12, 19 99
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
July 13,
9015-99
19 99
pity Clerk
President of Common Council
City Clerk
Approved and signed by me
July 14,
19
99
Mayor
ORDINANCE NO. -1 ~ ~ 5 " t
AN ORDINANCE AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL
CODE TO PROHIBIT ULTIMATE FIGHTING IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The Indiana Home Rule Statute authorizes municipalities to adopt ordinances to protect
the health, welfaze and safety of their residents and to preserve the peace, order and safety of their
communities; provided, that the ordinance does not conflict with Indiana Iaw. Local authorities
have not been preempted by the Indiana General Assembly from regulating ultimate fighting,
extreme fighting, "no-holds-barred" fighting, full-contact fighting, "Ground `n' Pound Challenge
or "tough man" contests. The Common Council of the City of South Bend, Indiana, has
determined that ultimate fighting, extreme fighting, "no-holds-barred" fighting, full-contact
fighting, "Ground `n' Pound" Challenge or "tough man" contests aze detrimental to the health,
welfaze and safety of the community as a whole and should be prohibited within the corporate
limits of the City of South Bend in order to ensure peace, order and safety of local residents. For
that reason this Ordinance is being enacted
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, THAT:
Section 1. Chapter 14 of the Municipal Code of the City of South Bend is amended to
add a new Article 5. Ultimate Fi htin Prohibited, Sections 14-20 through 14-23 inclusive, as
follows:
Sec. 14-20 DEFINITIONS:
For the purpose of this Article, the following definitions shall apply unless the context
cleazly indicates or requires a different meaning.
(a) Bodily Injury. Any impairment of physical condition, including physical pain.
(b) Extreme Fighting. See definition of "iTltimate Fighting".
(c) "Ground `n' Pound" Challenge. See definition for "Ultimate Fighting".
(d} Full Contact Fighting. See definition for "Ultimate Fighting".
(e) "No-Holds-Barred" Fighting, See definition for "Ultimate Fighting",
(f) Serious Bodily Injury: Bodily injury that creates a substantial risk of death or causes:
(1) Serious permanent disfigurement;
(2) Unconsciousness;
(3) Extreme pain; or
(4) Permanent or protracted loss or impairment of the function of a bodily member or
organ.
(g) ~vTough Man" Contest. See definition for "Ultimate Fighting".
(h) Ultimate Fighting. Alive match in which:
(1) Participants compete for a cash purse in any amount, a trophy, or a non-cash purse
with more than nominal value; or
(2) Participants are not licensed as professional contestants in any state or are not
employed by or contractually engaged on a long term basis with any professional wrestling ,
boxing, or martial arts association sponsoring the match; or
(3) Audiences are charged an admission fee; and
(4) Match rules permit contestants to use a combination of boxing, kicking, wrestling,
hitting, punching, or other combative contact techniques, and match rules do not:
(a) Incorporate a formalized system of combative techniques or a point system against
which a contestant's performance is judged to determine the prevailing contestant;
(b) Divide a match into two or more equal and specified time periods for a match
total of no more than fifty (50) minutes; or
(c) Prohibit contestants from:
1. Using anything that is not part of the human body, except for boxing
gloves, to intentionally inflict serious bodily injury upon an opponent
through direct contact or the expulsion of a projectile;
2. Striking a person who demonstrates an inability to protect himself from the
advances of an opponent; or
3. Direct and forceful strikes to the eyes, groin area, Adam's apple area of the
neck, and temple area of the head.
Sec. 14-21. ULTIMATE FIGHTING PROHIBITED.
No person shall promote, conduct, engage or participate in an ultimate fighting match
within the corporate limits of the City of South Bend.
Sec.14-22. RIGHT OF INJUNCTION
The City Attorney or his/her designated representative may institute in Superior Court or
Circuit Court a lawsuit seeking injunctive relief against any individuals violating the provisions of
this chapter.
Sec. 14,23 PENALTY
Any person found in violation of any provision of this chapter shall be fined not less than
One Thousand ($1,000.00) Dollars nor more than Two Thousand Five Hundred ($2,500.00) for
each violation. Every day that a violation occurs shall constitute a separate offense.
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, signature of the Mayor, attestation by the City Clerk and publication as
required by law.
Member of the Common Council
1st READING CD -Z~''~i 1
PUBLIC HEARING ~-iL-~1~1
3 rd READWG -~ _~ti ~~
JOT APPROVED
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EfERRED
PASSED ~ -\t-~\ S ~ S S~~s~~~~.$,r~
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
50-99 A BILL AMENDING CHAPTER 14 OF THE SOUTH BEND
MUNICIPAL CODE TO PROHIBIT ULTIMATE FIGHTING IN THE
CITY OF SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as substituted.
Charlotte Pfeifer
Chairman