HomeMy WebLinkAboutD-1589-02 Ban Ultimate FightingSPONSOR(S): Councilor Carter
ORDINANCE NO. D-1589-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADOPTING AN ORDINANCE PROHIBITING "ULTIMATE FIGHTING"
WITHIN THE CITY'S CORPORATE LIMITS
WHEREAS, the Indiana Home Rule Statute authorizes municipalities to adopt ordinances to
protect the health, welfare and safety of its residents and to preserve the peace, order and safety of its
community, provided that such ordinances do not conflict with Indiana law; and
WHEREAS, the Indiana General Assembly has not enacted legislation preempting a
municipality from regulating "Ultimate Fighting," "Extreme Fighting," "No-Holds-Barred" fighting,
"Full-Contact" fighting, "Ground and Pound" contests, "Tough Man" contests and/or similar
combative events within their local jurisdictions; and
WHEREAS, the Common Council of the City of Carmel, Indiana, has determined that
"Ultimate Fighting," "Extreme Fighting," "No-Holds-Barred" fighting, "Full-Contact" fighting,
"Ground and Pound" contests, "Tough Man" contests and similar combative events are detrimental to
the health, welfare and safety of the community as a whole and should be prohibited within the City's
corporate limits in order to ensure the peace, order and safety of the City's residents and its visitors.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Chapter 6, Article 4, Section 6-67 of the Carmel City Code should be and the same
is hereby adopted and shall read as follows:
"Sec. 6-67. Ultimate Fighting Prohibited
(a) For the purpose of this Section, the following definitions shall apply:
(i) "Extreme Fighting." See definition of "Ultimate Fighting."
(ii) "Full Contact"Fighting. See definition of"Ultimate Fighting."
(iii) "Ground and Pound" Contest. See definition of "Ultimate Fighting."
(iv) "No-Holds-Barred" fighting. See definition of "Ultimate Fighting."
(v) Serious Bodily Injury. Any impairment of a person's physical condition that creates a
substantial risk of death or that causes:
A. Permanent or protracted body disfigurement;
B. Unconsciousness or trauma;
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Carter
C. Extreme or continuous pain; and/or
D. Permanent or protracted loss or impairment of the function of a body member
or body organ.
(vi) "Tough Man" Contest. See definition of "Ultimate Fighting."
(viii) Ultimate Fighting. A live match between or involving two (2) or more contestants:
A. In which contestants compete for a cash purse of any amount, for a trophy
or plaque, or for any non-cash purse of more than nominal value; and
B. In which contestants are not licensed as professional contestants in any state; and
C. In which audiences are charged an admission fee; and
D. In which match rules permit contestants to use a combination of boxing, kicking,
wrestling, hitting, punching and other combative contact techniques, and do not:
(1) Incorporate a formalized system of combative techniques or a point system
against which a contestant's performance is judged to determine the
prevailing contestant; and
(2) Divide a match into two (2) or more equal and specified time periods with a
total match time of no more than fifty (50) minutes; and
(3) Prohibit contestants from:
A. Using anything that is not part of the human body, except for boxing gloves,
to intentionally inflict Serious Bodily Injury upon an opponent;
B. Striking a grounded opponent or an opponent who demonstrates an inability
to protect himself/herself from such strikes; or
C. Directing forceful strikes to the groin area, the neck or the temple area of
the head, and/or biting, eye gouging, head butting or using choke holds.
(b) Ultimate Fighting is prohibited within the corporate limits of the City of Carmel, Indiana.
(c) No person, organization or entity shall promote, conduct, engage or participate in an Ultimate
Fighting match within the corporate limits of the City of Carmel, Indiana.
(d) The City Attorney or his designee may institute in Superior Court or Circuit Court a lawsuit seeking
injunctive and all other lawful relief against any individual violating the provisions of this Section.
(e) Any person or entity found to be in violation of any provision of this Section shall be fined not less
than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for
each such violation. Every day that a violation occurs shall constitute a separate offense."
Ordinance No. D- 1589-02
Page Two of Four Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Carter
Section 3. This Ordinance does not affect, limit or supercede the provisions of any other law
which may regulate or address the conduct prohibited herein.
Section 4. All City ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this
Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect
any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of
this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed
and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted.
Section 5. Should any provision or portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so
long as they can, without the invalid provision, be given the effect intended by the Common Council in
adopting this Ordinance. To this end, the provisions of this Ordinance are severable.
Section 6. This Ordinance shall become effective upon its proper passage, signing by the
Mayor and such publication as is required by law.
PASSED by the Common Counqil of the City of Carmel, Indiana, this //,~ day of ~
,2002, by a vote of D ayes and ~) nays. - '
~ .,~.~ 2 M. M..ON' COUNff/I~OR THE CITY OF CARMEL' INDIANA
t~~ revi2irby J
14;Asiding (~fficet"~- [ ,' t~ - '
Wayne A. Wilson, President
//R'~ald E. Carter ATTEST:
Dian . C d ay, IAMC,~k-~reasurer
Ordinance No. D- 1589-02
Page Three of Four Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Carter
~.5~Presented brine to the Mayor of the City of Cannel, Indiana, at z~.'~ o'clocl~_, m. this
_day of {r~.~...~. ,2002. -
Diana L. Cordray, IAMC, Clerk-T~urer
,,q~f/~Maproved by, me, Mayor.91Lthe City of Carmel, Indiana, at~0''' 30/ o'clock f. m. this
/c.7/~'- day of /if/~'~'/./q_5"/, 2002.
~nes Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Tr~'s~r
Ordinance No. D- 1589-02
Page Four of Four Pages
Prepared by Douglas C. Haney, Carmel City Attorney