Chapter 5.40
FIGHTING EVENTS
Sections:
5.40.030 Application for permit and matters used to determine issuance.
5.40.070 Medical staffing requirements.
5.40.080 Participant registration.
5.40.110 Denial of permit – Appeal.
5.40.120 Expiration and transfer of permit.
5.40.130 Deviation from permit.
5.40.140 Revocation of permit.
5.40.160 Age and equipment requirements.
5.40.005 Purpose.
The purpose of this chapter is to prohibit fighting events within the city of Zillah unless a valid permit has been obtained prior to the fighting event. (Ord. 1252 § 1, 2011)
5.40.010 Definitions.
“City” means the city of Zillah.
“Clerk” means the Zillah city clerk/treasurer.
“Fighting event” means any activity, regardless of how named or described, which involves any scheduled, sponsored, or permitted physical exhibition or contest involving two or more persons engaged in fighting. This shall include any contest or event where kicking, punching, martial arts, or submission holds are permitted, and shall also include contests where there is only wrestling or boxing. This shall not include any school events or competitions. A “fighting event” may include one or more consecutive days of fighting matches or competitions.
“Officer” means any law enforcement officer, fire chief, or code enforcement officer.
“Participant” means a person who is participating as a fighter in a fighting event.
“Person” means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to register with the city to do business in the city and to obtain one or more licenses from the city or any of its agencies. (Ord. 1252 § 1, 2011)
5.40.020 Permit required.
No person shall conduct, manage or participate in any fighting event for which a written permit has not been issued by the city in accordance with this chapter. The permit required under this chapter is separate from and in addition to the business license issued under Chapter 5.04 ZMC, which may also be required when applicable. (Ord. 1515 § 10, 2020; Ord. 1252 § 1, 2011)
5.40.030 Application for permit and matters used to determine issuance.
Any person desiring to conduct a fighting event shall make application no less than 30 days prior to the proposed commencement date of the event to the clerk, on a form requiring the following information, where applicable:
A. The name, address and telephone number of the applicant or responsible agent of the applicant.
B. The time and date of commencement and termination of the fighting event.
C. The purpose and location of such act or activity. Fighting events shall not be permitted in areas zoned for residential use.
D. The person, group, association, or body to be authorized under the permit to do such act or activity and the number of participants.
E. The security to be provided by the person, group, association, or body authorized under the permit, as required and further outlined in this chapter.
F. Proof of a bond or liability insurance in amounts as outlined in this chapter, and indemnifying the city against damages sustained as a result of holding the fighting event. Such bond or certificate of insurance shall be subject to the approval by the city attorney.
G. Proof that physician(s) and EMT(s) will be present ringside, and/or within the facility during the fighting event, as further outlined in this chapter.
H. Proof that the fighting event will be under the direction and control of an adult referee sanctioned and licensed by Washington State authorities.
I. Proof that the fighting event is sanctioned by a Washington State-approved sanctioning authority or body.
J. Application for a Zillah city business license, and fee, if necessary.
K. A list of the prior three fighting event locations and contact information for the owner of the event venues.
L. The permit fee, which covers the costs of the pre-issuance inspections, the inspection prior to the event and review of the application, in the amount of $300.00. In the event the permit is denied, $100.00 shall be refunded to the applicant. (Ord. 1273 § 1, 2011; Ord. 1252 § 1, 2011)
5.40.040 Contents of permit.
A permit for a fighting event shall contain the following:
A. All information contained in the application, as outlined in this chapter.
B. The signature of the police chief and the fire chief approving the safety plan.
C. Any conditions attached by the police chief and/or fire chief to ensure the protection of the health, safety, and well-being of the general public. (Ord. 1252 § 1, 2011)
5.40.050 Insurance required.
The applicant shall furnish insurance coverage in the minimum amounts of $500,000 for personal injury, $1,000,000 per occurrence, and $100,000 for property damage, or an equivalent bond for said amounts. (Ord. 1252 § 1, 2011)
5.40.060 Safety plan.
The applicant shall furnish a safety plan consisting of, but not limited to, the following:
A. A map of the facility, drawn to scale, clearly locating the ring (or other space where fighting will take place), staging areas, stairways, spectator areas, emergency exiting, and all other interior information, including walls, bathrooms, and other interior features.
B. The number of private security personnel hired to be on duty during the event, and the company from which private security personnel are hired.
C. The number of persons expected to attend and the capacity of the facilities.
D. The contact information, including cellular telephone number, of the primary contact person for the fighting event. The primary contact person shall be present during the entire event.
E. A vehicle parking plan, including reference to ingress and egress to and from the facility, formulated specifically for the fighting event. If the parking plan includes using adjacent private property for parking, proof of permission in writing must be provided. The parking plan shall accommodate parking spaces for attendees, and shall include specifically designated parking spaces for police officers, referees, physicians and participants, as well as specifically designated lanes for emergency vehicles. The vehicle parking plan must be approved by the fire chief and the police chief to obtain a permit.
F. Uniformed police officers shall be present from one-half hour before through one-half hour after the scheduled fighting event, the number of which to be determined by the police chief. Arrangements for off-duty police officers are to be made through the police chief. All necessary fees and costs shall be the responsibility of the applicant.
The safety plan is subject to the approval of the police chief and the fire chief and, if the police chief and/or fire chief deems necessary, shall be altered at any time during the permit process to ensure the public health, safety and well-being of the citizens of Zillah. (Ord. 1252 § 1, 2011)
5.40.070 Medical staffing requirements.
A. All participants shall obtain medical clearance from an on-site physician or physician’s assistant prior to participation in their event.
All fighters shall be checked immediately prior to entry into the ring. No fighter who has consumed an intoxicating liquor, in the judgment of the physician, will be allowed to participate in the fighting event.
B. A Washington State licensed physician or physicians assistant shall be ringside during the event, and available during the event on site and for 30 minutes after the last event for medical aid.
C. Two emergency medical technicians (EMT) shall be present at the facility during the fighting event, and an area must be designated in the facility where the fighting event is taking place for the physicians and EMTs to work on patients and store necessary medical equipment during the fighting event. (Ord. 1252 § 1, 2011)
5.40.080 Participant registration.
A. A list of all persons scheduled to fight at the event shall be provided to the fire chief and police chief a minimum of two hours prior to the start of the event. The list shall include the name, date of birth and address of the participant.
B. After the list has been provided, it shall not be altered or changed. If a fighter is unable to participate, the fight shall be cancelled and not replaced by another person.
C. At the event, any officer may demand from the fighter proof of their identity to verify they are listed as a participant. (Ord. 1252 § 1, 2011)
5.40.090 Inspection.
A minimum of four hours prior to the fighting event, the premises shall be set up as it will be set up during the fighting event (i.e., the ring will be in place, safety and barrier fences shall be erected), and the police chief and fire chief, or their designee, may inspect the premises as it will appear during the permitted event. In the event any conditions on the permit need to be changed as a result of the inspection, including but not limited to capacity and fire exits, those conditions shall be altered to meet the requirements of the fire chief or police chief prior to the event or the permit will be revoked. (Ord. 1252 § 1, 2011)
5.40.100 Issuance of permit.
A. The initial temporary permit, issued contingent on approval of the safety plan by both the fire chief and the police chief and the final inspection prior to the fighting event, shall be issued by the clerk within 15 business days after a complete permit application is provided to the clerk. A permit may be denied or refused if it shall appear that the applicant or the act or fighting event requested on the application violates any applicable provisions of the Zillah Municipal Code or Washington state law. A denial or refusal to issue a permit shall be in writing and mailed to the applicant no later than 15 business days after a complete permit application is provided to the clerk.
B. Upon approval of the safety plan as required in ZMC 5.40.060 and the inspections of the premises as required in ZMC 5.40.090, the final permit shall be issued. (Ord. 1252 § 1, 2011)
5.40.110 Denial of permit – Appeal.
The clerk may deny a permit request if it does not meet the requirements of this chapter. In the event a permit is denied, the person requesting the permit may appeal the clerk’s decision to the Zillah city mayor within five days of the denial. The mayor shall render his decision to uphold or reverse the clerk’s decision within 10 days. The applicant may appeal the mayor’s decision to the Zillah city council, who may address the mayor’s decision and the permit application at the city council’s next regularly scheduled business meeting. The city council’s decision shall be final. (Ord. 1252 § 1, 2011)
5.40.120 Expiration and transfer of permit.
The permit issued under this chapter shall be issued for a single fighting event. The permit expires upon the conclusion of the fighting event and shall not be transferred. (Ord. 1252 § 1, 2011)
5.40.130 Deviation from permit.
No person participating, holding, or hosting any fighting event, including the applicant, for which a permit has been granted under the provisions of this chapter shall deviate from or alter any of the terms or contents of such permit. (Ord. 1252 § 1, 2011)
5.40.140 Revocation of permit.
A. The clerk may revoke a permit required under this chapter at any time if information is obtained after the permit is issued from which the clerk may reasonably conclude that the permit should have originally been denied.
B. The clerk, police chief or fire chief may revoke a permit required under this chapter at any time if he/she finds the person, group, association, property owner, or applicant authorized under the permit has deviated from, or will deviate from, what was approved in the permit.
C. Any officer may revoke a permit required under this chapter at any time if he/she finds that:
1. The contestants are violating the law or permit conditions.
2. Criminal activity is occurring during the fighting event.
3. The fighting event must be concluded to protect public safety.
4. Persons under the age of 18 years old are participants in the fighting event and the appropriate safety equipment is not utilized as specified in ZMC 5.40.160. (Ord. 1252 § 1, 2011)
5.40.150 Pyrotechnics.
Pyrotechnics shall not be allowed before, after, or during any fighting event, or as part of a fighting event. (Ord. 1252 § 1, 2011)
5.40.160 Age and equipment requirements.
Any participant(s) under the age of 18 years shall be required to wear at all times protective equipment specified as minimal safety guidelines as in the USA Boxing rulebook, Part 1, Article III. Such equipment shall include at a minimum headgear, mouthpiece, groin protection, and boxing gloves. Participants over the age of 18 years shall utilize any safety equipment required by the sanctioning body for the match or fight. (Ord. 1252 § 1, 2011)
5.40.170 Penalty.
Anyone found in violation of this chapter shall be guilty of a misdemeanor and subject to a maximum penalty of 90 days in jail and a $1,000 fine, or both, for each violation, and law enforcement shall have the ability to stop any fighting event from occurring, or immediately end the event if necessary, if it is found that such fighting event is occurring without a valid permit in place. (Ord. 1252 § 1, 2011)
APPENDIX 1
RECEIPT FOR SALE OF BEER OR MALT LIQUOR IN KEGS OR SIMILAR CONTAINERS
Date of Sale: Keg I.D. No.
Brand: Keg Capacity:
No. of Kegs: Total Gallons:
Name of Purchaser:
Address: Phone No.
Address or location where keg will be located:
Motor Vehicle Operator’s License No.:
Washington State Identification Card:
Other Identification:
I declare under penalty of perjury the information provided in this receipt is true and correct and that I am over the legal age to purchase, possess or use malt liquor, that I will not allow the beer or malt liquor purchased and identified by this receipt to be consumed by any person who is under the age of twenty-one (21) except as provided by RCW 66.44.270, and that I will not remove or obliterate the numbered identification label affixed to the keg or similar container.
Signature of Purchaser
Identity of Seller:
Address of Licensed Premises:
NOTICE
It is unlawful for any person under the age of twenty-one (21) years to acquire in any manner, consume or have in his or her possession, any intoxicating liquor, provided that the foregoing shall not apply in the case of liquor given or permitted to be given to such person under the age of twenty-one (21) years by his parent or guardian for beverage or medicinal purposes in the home or administered to him by his physician or dentist for medicinal purposes. A person who signs this receipt with knowledge that any information in the receipt is false commits perjury. Violation of any of the provisions of the Zillah City Ordinance which requires this statement and these terms is a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment.