As used in this Chapter:
(a) “Domestic partnership” refers to the non-marital committed relationship of two adults of the same or different sex, who share a common residence and affirm that they share responsibility for each other's common welfare, and have signed and filed a Declaration of Domestic Partnership with the city.
(b) “Share a common residence” means that both domestic partners share the same residence. It is not necessary that both domestic partners have title to the property where they reside or the legal right to possess the common residence. Two people may share a common residence even if one or both have additional residences. Domestic partners do not cease to share a common residence if one leaves the common residence but intends to return. Nothing in this definition or chapter shall affect or supersede any residency requirement set forth in Section 74 of the City's Charter. Shared common residence does not have the same meaning as bona fide residence.
(c) Domestic partners will be deemed to have an “committed” relationship and to “share responsibility for one another's common welfare” if they execute a Declaration of Domestic Partnership affirming that such facts are true.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)
To establish a domestic partnership, both individuals must file a Declaration of Domestic Partnership with the City affirming that they meet all of the following qualifications:
(a) Both individuals share a common residence;
(b) Both individuals affirm that they have an committed relationship and share responsibility for each other's common welfare;
(c) Neither individual is married to any other individual;
(d) Neither individual is part of an existing domestic partnership with any third party;
(e) Each individual is 18 years of age or older; and
(f) The individuals are not related to one another by blood in a way that would prevent them from being married to one another in this State.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)
(a) Filing Location. Two individuals seeking to become domestic partners must complete and file a Declaration of Domestic Partnership with the Division of Assessments and Licenses.
(b) Filing Prohibition. No individual who has previously filed a Declaration of Domestic Partnership in this City may file a new Declaration of Domestic Partnership until a Notice of Termination of Domestic Partnership has been filed with the City. However, this prohibition shall not apply if the previous domestic partnership ended because one of the domestic partners is deceased.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)
(a) Registration Forms. The Commissioner of Assessments and Licenses shall develop “Declaration of Domestic Partnership” and “Notice of Termination of Domestic Partnership” forms, and shall not add to or alter the requirements listed in Section 109.02 of this Chapter.
(b) Registration Requirements. The “Declaration of Domestic Partnership” form shall require each registrant to:
(1) Affirm that he or she meets the requirements of Section 109.02 of this Chapter;
(2) Provide a mailing address;
(3) Sign the form under penalty of perjury; and
(4) Have a notary public acknowledge his or her signature.
(c) Availability of Forms. The city shall have declaration and termination forms available at the Division of Assessments and Licenses.
(d) Administrative Fee. The city shall charge an administrative fee of $55 to persons filing a Declaration of Domestic Partnership. No fee shall be charged for the filing of a Notice of Termination of Domestic Partnership.
(e) Partnership Registration. The city shall register the Declaration of Domestic Partnership in a registry and return a copy of the declaration form to the domestic partners at the address provided as their common residence.
(f) Termination Registration. The city shall register the Notice of Termination of Domestic Partnership pursuant to the requirements set forth in Section 109.05 of this Chapter.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)
(a) Termination. A domestic partnership ends when:
(1) One of the domestic partners dies; or
(2) A Notice of Termination of Domestic Partnership has been filed by one or both domestic partners with the city.
(b) Notice of Termination. If the facts affirmed in the Declaration of Domestic Partnership cease to be true, one or both parties to a domestic partnership shall file a Notice of Termination of Domestic Partnership with the Division of Assessments and Licenses. Upon receipt, the city shall return a copy of the notice marked “filed” to each of the partners, if jointly filed; or two copies to the filing partner. Unless the partners jointly file the notice, the partner filing the notice shall, within five days, send a copy of the filed notice to the other partner's last known address. However, this requirement shall not apply if the termination is due to the death of one of the domestic partners.
(c) Effective Termination Date. Termination of a domestic partnership shall be effective upon filing of the Notice of Termination of Domestic Partnership with the City by one or both partners, or on the date of the death of one of the domestic partners.
(d) Notice to Third Parties. Following the termination of a domestic partnership the burden of notification rests with, each former domestic partner who has received or qualified for any benefit or right based upon the existence of a domestic partnership and whose receipt of that benefit or enjoyment of that right has not otherwise terminated, to give prompt notification to any third party who provides such benefit or right that the domestic partnership has terminated. The City shall not be liable for any injury to any third-party by virtue of lack of notice of termination to the domestic partnership, including any third-party which has provided any benefits regarding the domestic partnership.
(e) Failure to Give Notice. Failure to provide notice to third parties as prescribed in this section shall not delay or prevent the termination of the domestic partnership.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)
(a) Registering as domestic partners by two individuals who are also married to one other, in this or in another state, shall under no circumstances, be considered as evidence, knowledge, awareness, or an admission that the partners are not lawfully married and it shall not be given any other legal effect, in this or any other state, with regard to whether the persons are lawfully married.
(b) Nothing in this Chapter shall be interpreted to alter or contravene county, state or federal law.
(c) Nothing in this Chapter shall be construed as recognizing or treating a Declaration of Domestic Partnership as a marriage or a legal status that intends to approximate the design, qualities, significance or effect of marriage.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)
If any section, subsection, clause or provision of this Chapter is held invalid, the remainder shall not be affected by such invalidity.
(Ord. No. 1745-08. Passed 12-8-08, eff. 1-7-09)