HomeMy WebLinkAboutOrdinance 2089 N.C.S. 05/17/1999 ~FC~~VE ~E
~ C
1 JUPV 161899
2
3
4 ®RI)INANCE N®. 2089 N.C.S.
5
6
7
8 Introduced by Seconded by
9
10
11 Councilmember Matt Maguire Vice Mayor David Keller
12
13
14
15
16 AN ®RDINANCE ®F THE C®UNCIL ®F THE CITY ®F PETA><,IJMA
17 ADDING CRAFTER 1.20 T® THE PETAI.IJMA MIJNICIPAI~ C®I)E
18 REC®GNIZING I)®MESTIC PARTNERSRIPS
19
20
21
22 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
23 FOLLOWS:
24
25 Section 1. Purpose. The purpose of this ordinance is to create a way to recognize
26 committed relationships, including those of lesbians, gay men, and heterosexuals, who otherwise
27 are denied the right to identify the partners with whom they share their lives. All costs of
28 registration are to be covered by fees to be established by resolution.
29
30 Section 2. Chapter 1.20 is added to the Petaluma Municipal Code to read as follows:
31 CIIAPTER 1.20
32 REC®GNITI®N ®F D®MESTIC PARTNERSRIPS
33
34 Sections:
35 1:20.010 Definitions.
36 1.20..020 Establishing a domestic partnership.
3 7 1.20.03 0 Fee.
38 1.20.040 Ending domestic partnerships.
39 1.20.050 City Clerk's records.
40 1.20.060 Legal effect of declaration of domestic partnership
1
Ord. 2089 NCS Page 1 of 7
1 1.20.010 Definitions.
2 For the purpose of this chapter, the following definitions shall
3 apply:
4 (1) "Domestic Partnership." The requirements to be domestic
5 partners are:
6 (a) The individuals must live together;
7 (b) The individuals must agree to be jointly responsible
8 for each other's basic living expenses during the
9 domestic partnership;
10 (c) Neither person may be married or a member of
11 another domestic .relationship;
12 (d) They must not be related in a way which would
13 prevent them from being married to each other;
14 (e) Both must be over eighteen years of age;
15 (f) They must sign a declaration of domestic
16 partnership and establish the partnership under
17 Section 1.20.020;
18 (g) The persons are each other's sole domestic partner
19 and intend to remain so indefinitely;
20 (h) The persons have an intimate, committed
21 relationship of mutual caring;
22 (2) Live Together. "Live together" means that two people
23 share the same living quarters. It is not necessary that the
24 legal right to possess the quarters be in both of their names.
25 Two people may live together even if one or both have
26 additional living quarters. Domestic partners do not cease
27 to live together if one leaves the shared quarters
28 temporarily.
29 (3) Joint Responsibility for Basic Living Expenses. "Joint
30 responsibility" means that each partner agrees to provide
Ord. 2089 NLS Page 2 of 7
2
1 for the other partner's basic living expenses if the partner is
2 unable to provide for himself or herself.
3 (4) Declaration of Domestic Partnership. A "declaration of
4 domestic partnership" is a form which shall be provided by
5 the City Clerk. By signing it, two people declare, under
6 penalty of perjury, that they have agreed to be jointly
7 responsible for basic living expenses during the domestic
8 partnership. They also declare that they met the other parts
9 of the definition of domestic partnership when they signed
10 the statement. The form will require each partner to
11 provide a mailing address.
12
13 1.20.020 Establishing a domestic partnership.
14 A domestic partnership shall be established by (a) executing a
15 declaration of domestic partnership in the presence of the City
16 Clerk, who will file it and give the partners a certificate attesting
17 that the declaration was filed; or (b) executing a declaration of
18 domestic partnership in the presence of an individual authorized to
19 administer oaths, and filing the declaration, duly attested, with the
20 city clerk.
21 (1) Time Limitation. A person cannot become a member of a
22 domestic partnership until at least six months after any
23 other domestic partnership of which he or she was a
24 member ended. This does not apply if the earlier domestic
25 partnership ended because one of the members died.
26 (2) Residence Limitation. The City Clerk will only file
27 declarations of domestic partnership if:
28 (a) the partners have a residence in the City of
29 Petaluma; or
30 (b) at least one of the partners works substantially full
31 time in the City of Petaluma.
3
1 1.20.030 ~'ee.
2 The fee to be charged by the City Clerk for filing and amending
3 domestic partnership declarations, pursuant to this chapter, shall be
4 set by resolution. The fees set by resolution shall be sufficient to
5 cover all direct and indirect costs of administering this chapter.
6
7 1.20.040 Ending domestic partnerships.
8 A domestic partnership shall end as follows:
9 (1) When the Partnership Ends. A domestic partnership ends
10 when:
11 (a) One partner sends the other a written notice that he
12 or she has ended the partnership; or
13 (b) One of the partners dies; or
14 (c) One of the partners marries; or
15 (d) The partners no longer live together.
16 (2) Notice the Partnership has Ended.
17 (a) To Domestic Partners. When a domestic partner-
18 ship ends for a reason other than the death. of one of
19 the partners, at least one of the partners must sign a
20 notice saying that the partnership has ended. The
21 notice must be dated and signed under penalty of
22 perjury. A copy of the notice must be filed with the
23 City Clerk within thirty (30) days of the end of the
24 domestic partnership, who shall attach it to the
25 original declaration. The person who signs the
26 notice must send a copy to the other partner by
27 mail, or deliver it in person.
28 (b) To Third Parties. When a domestic partnership
29 ends, a domestic partner, who has given a copy of a
30 declaration of domestic partnership to any third
31 party in order to qualify for any financial benefit
4
Ord. 2089 NCS Page 4 of 7
1 (or, if that partner has died, the surviving member
2 of the domestic partnership), must give that third
3 party a notice signed under penalty of perjury
4 stating the partnership has ended. The notice must
5 be sent within sixty days of the end of the domestic
6 partnership.
7 (c) Failure to Give Notice. Failure to give either of the
8 notices required by this subsection will neither
9 prevent nor delay ending the domestic partnership.
10 Anyone. who suffers any loss as a result of failure to
11 send either of these notices, may sue the partner
12 who was obliged to send it for actual loss
13 engendered by the failure to receive notice that the
14 domestic partnership .has been terminated.
15
16 1.20.050 City Clerk's records.
17 The City Clerk shall administer this program as follows:
18 (1) Amendments to Declarations. A partner may amend a
19 declaration of domestic partnership filed with the City Clerk
20 at any time to show a change in his or her mailing address.
21 The City Clerk shall note the amendment on the original
22 declaration.
23 (2) New Declarations of Domestic Partnership. No person who
24 has filed a declaration of domestic partnership with the City
25 Clerk may file another domestic partnership until six months
26 after a notice the partnership has ended has been filed.
27 However, if the domestic partnership ended because one of
28 the partners died, a new declaration may be filed any time
29 after the notice the partnership ended is filed.
30 (3) Maintenance of City Clerk's Records. The City Clerk will
31 keep a record of all declarations of domestic partnership,
5
Ord. ,2089 NCS Page 5 of 7
1 amendments to declarations of domestic partnership, and all
2 notices that a partnership has ended. The records will be
3 maintained so that amendments and notices a partnership
4 has ended are filed with the declarations of domestic
5 partnership to which they apply.
6 (4) Fees. A filing fee set by resolution shall be charged for
7 declarations of domestic partnership and amendments. No
8 fee will be charged for notices that a partnership has ended.
9 (5) Liability. The City Clerk, any officer or employee of the
10 City of Petaluma shall not, under any circumstances, be
11 liable to anyone for the failure or neglect to perform any act
12 required by this chapter.
13
14 1.20.060 Legal effect of declaration of domestic partnership.
15 The legal effects of said declarations shall be:
16 (1) Obligations. The obligations of domestic partners to each
17 other are those described in the definition.
18 (2) Duration of Rights and Duties. If a domestic partnership
19 ends, the partners incur no further obligations to each other.
20 (3) Benefits. This chapter neither requires nor forbids anyone
21 to provide benefits of any kind whatsoever to a domestic
22 partnership.
23 (4) This ordinance, with respect to the form of the Declaration
24 of Domestic Partnership, shall be effective until such time as
25 amended or until such time as the County of Sonoma, State
26 of California, or federal law provides for the execution of a
27 different form of said declaration or documentation.
28
29 Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance
30 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
31 competent jurisdiction, such decision shall not affect the validity of the remaining portions of
6
Ord. 2089 NCS Page 6 of 7
1 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
3 any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
4
5 Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
6 the manner required by the City Charter.
7
8 INTRODUCED and ordered posted/~1~~ this 19th day of April , 1999.
9
10 ADOPTED this 17th day of Mai , 1999 by the following vote:
11
12 AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor Thompson
13 NOES: None
14 ABSENT: None
15
16
17
18 Mayo
19
20 ATTEST: APPROVED AS TO FORM:
21
22
23
24 City Clerk City ttorney
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39 ord
40 4/7/99 (fmk)
7
Ord. 2089 NCS Page 7 of 7