HomeMy WebLinkAboutOrdinance 2089 N.C.S. 05/17/19991
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ORDINANCE NO. 2089 N.C.S.
Introduced by
Councilmember Matt Maguire
Seconded by
Vice Mayor David Keller
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 1.20 TO THE PETALUMA MUNICIPAL CODE
RECOGNIZING DOMESTIC PARTNERSHIPS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to create a way to recognize
committed relationships, including those of lesbians, gay men, and heterosexuals, who otherwise
are denied the right to identify the partners with whom they share their lives. All costs of
registration are to be covered by fees to be established by resolution.
Section 2. Chapter 1.20 is added to the Petaluma Municipal Code to read as follows:
CHAPTER 1.20
RECOGNITION OF DOMESTIC PARTNERSHIPS
Sections:
1.20.010 Definitions.
1.20.020 Establishing a domestic partnership.
1.20.030 Fee.
1,20.040 Ending domestic partnerships.
1.20.050 City Clerk's records.
1.20.060 Legal effect of declaration of domestic partnership
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1.20.010 Definitions.
For the purpose of this chapter, the following definitions shall
apply:
(1) "Domestic Partnership." The requirements to be domestic
partners are:
(a) The individuals must live together;
(b) The individuals must agree to be jointly responsible
for each other's basic living expenses during the
domestic partnership;
(c) Neither person may be married or a member of
another domestic relationship;
(d) They must not be related in a way which would
prevent them from being married to each other;
(e) Both must be over eighteen years of age;
(f) They must sign a declaration of domestic
partnership and establish the partnership under
Section 1.20.020,
(g) The persons are each other's sole domestic partner
and intend to remain so indefinitely;
(h) The persons have an intimate, committed
relationship of mutual caring;
(2) Live Together. "Live together" means that two people
share the same living quarters. It is not necessary that the
legal right to possess the quarters be in both of their names.
Two people may live together even if one or both have
additional living quarters. Domestic partners do not cease
to live together if one leaves the shared quarters
temporarily.
(3) Joint Responsibility for Basic Living Expenses. "Joint
responsibility" means that each partner agrees to provide
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for the other partner's basic living expenses if the partner is
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unable to provide for himself or herself.
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(4) Declaration of Domestic Partnership. A "declaration of
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domestic partnership" is a form which shall be provided by
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the City Clerk. By signing it, two people declare, under
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penalty of perjury, that they have agreed to be jointly
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responsible for basic living expenses during the domestic
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partnership. They also declare that they met the other parts
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of the definition of domestic partnership when they signed
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the statement. The form will require each partner to
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provide a mailing address.
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1.20.020 Establishing a domestic partnership.
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A domestic partnership shall be established by (a) executing a
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declaration of domestic partnership in the presence of the City
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Clerk, who will file it and give the partners a certificate attesting
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that the declaration was filed; or (b) executing a declaration of
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domestic partnership in the presence of an individual authorized to
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administer oaths, and filing the declaration, duly attested, with the
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city clerk.
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(1) Time Limitation. A person cannot become a member of a
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domestic partnership until at least six months after any
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other domestic partnership of which he or she was a
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member ended. This does not apply if the earlier domestic
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partnership ended because one of the members died.
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(2) Residence Limitation. The City Clerk will only file
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declarations of domestic partnership if:
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(a) the partners have a residence in the City of
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Petaluma; or
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(b) at least one of the partners works substantially full
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time in the City of Petaluma.
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1.20.030 Fee.
The fee to be charged by the City Clerk for filing and amending
domestic partnership declarations, pursuant to this chapter, shall be
set by resolution. The fees set by resolution shall be sufficient to
cover all direct and indirect costs of administering this chapter.
1.20.040 Ending domestic partnerships.
A domestic partnership shall end as follows:
(1) When the Partnership Ends. A domestic partnership ends
when:
(a) One partner sends the other a written notice that he
or she has ended the partnership; or
(b)
One of the partners dies; or
(c)
One of the partners marries; or
(d)
The partners no longer live together.
(2) Notice the Partnership has Ended.
(a)
To Domestic Partners. When a domestic partner-
ship ends for a reason other than the death of one of
the partners, at least one of the partners must sign a
notice saying that the partnership has ended. The
notice must be dated and signed under penalty of
perjury. A copy of the notice must be filed with the
City Clerk within thirty (30) days of the end of the
domestic partnership, who shall attach it to the
original declaration. The person who signs the
notice must send a copy to the other partner by
mail, or deliver it in person.
(b)
To Third Parties. When a domestic partnership
ends, a domestic partner, who has given a copy of a
declaration of domestic partnership to any third
party in order to qualify for any financial benefit
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(or, if that partner has died, the surviving member
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of the domestic partnership), must give that third
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party a notice signed under penalty of perjury
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stating the partnership has ended. The notice must
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be sent within sixty days of the end of the domestic
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partnership.
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(c) Failure to Give Notice. Failure to give either of the
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notices required by this subsection will neither
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prevent nor delay ending the domestic partnership.
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Anyone who suffers any loss as a result of failure to
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send either of these notices, may sue the partner
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who was obliged to send it for actual loss
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engendered by the failure to receive notice that the
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domestic partnership has been terminated.
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1.20.050 City Clerk's records.
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The City Clerk shall administer this program as follows:
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(1) Amendments to Declarations. A partner may amend a
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declaration of domestic partnership filed with the City Clerk
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at any time to show a change in his or her mailing address.
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The City Clerk shall note the amendment on the original
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declaration.
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(2) New Declarations of Domestic Partnership. No person who
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has filed a declaration of domestic partnership with the City
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Clerk may file another domestic partnership until six months
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after a notice the partnership has ended has been filed.
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However, if the domestic partnership ended because one of
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the partners died, a new declaration may be filed any time
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after the notice the partnership ended is filed.
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(3) Maintenance of City Clerk's Records. The City Clerk will
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keep a record of all declarations of domestic partnership,
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amendments to declarations of domestic partnership, and all
notices that a partnership has ended. The records will be
maintained so that amendments and notices a partnership
has ended are filed with the declarations of domestic
partnership to which they apply.
(4) Fees. A filing fee set by resolution shall be charged for
declarations of domestic partnership and amendments. No
fee will be charged for notices that a partnership has ended.
(5) Liability. The City Clerk, any officer or employee of the
City of Petaluma shall not, under any circumstances, be
liable to anyone for the failure or neglect to perform any act
required by this chapter.
1.20.060 Legal effect of declaration of domestic partnership.
The legal effects of said declarations shall be:
(1) Obligations. The obligations of domestic partners to each
other are those described in the definition.
(2) Duration of Rights and Duties. If a domestic partnership
ends, the partners incur no further obligations to each other.
(3) Benefits. This chapter neither requires nor forbids anyone
to provide benefits of any kind whatsoever to a domestic
partnership.
(4) This ordinance, with respect to the form of the Declaration
of Domestic Partnership, shall be effective until such time as
amended or until such time as the County of Sonoma, State
of California, or federal law provides for the execution of a
different form of said declaration or documentation.
Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
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I this ordinance. The City Council of the City of Petaluma hereby declares that it would have
2 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
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any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/ *kud this 19th day of April , 1999.
ADOPTED this 17th day of May , 1999 by the following vote:
AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: None
ATTEST:
City Clerk
ord
4/7/99 (fmk)
Mayo
vry
CityAttorney
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