[Adopted 3-18-1996 by Ord. No. 4.22.95]
A.
Any two individuals may execute and file with the
City Clerk a statement of domestic partnership in which each individual
as to him or herself declares the following:
(1)
The individuals are at least 18 years of age.
(2)
The individuals are competent to enter into a contract.
(3)
The individuals are not married in any jurisdiction.
(4)
The individuals currently live together, and have
lived together continuously for at least six months immediately prior
to filing the statement.
(5)
The individuals intend to continue to live together.
(6)
The individuals are committed to the physical, emotional
and financial care and support of each other.
(7)
The individuals are financially interdependent.
(8)
The individuals share with each other the common necessities
and tasks of one household.
(9)
The individuals have represented to persons outside
their domestic partnership that they are domestic partners.
(10)
The individuals are each other's sole domestic
partner and each has no other domestic partner.
(11)
The individuals intend to remain each other's
sole domestic partner.
(12)
The individuals have not terminated a statement
of domestic partnership, or its equivalent in this or another jurisdiction,
within six months immediately prior to filing the statement.
(13)
The individuals are not related by blood in
a manner that would bar marriage under the Laws of the State of New
York.
B.
A statement of domestic partnership shall be executed
before the City Clerk or a designee by both individuals under oath
and penalty of perjury as to each of its declarations and shall be
subscribed by the Clerk or a designee. The City Clerk may require
documentary evidence or testimony under oath in support of one or
more of the declarations, pursuant to regulations promulgated by the
City Clerk in consultation with legal counsel.
C.
A statement of domestic partnership shall be executed
on a form provided by the City Clerk, and shall be effective as of
the date of its filing.
D.
A statement of domestic partnership which contains
a false or fraudulent declaration by either of the individuals executing
it shall not be effective notwithstanding its filing by the City Clerk
and shall be voided by the City Clerk; provided, however, that the
City Clerk shall not void a statement of domestic partnership without
first providing the individuals who executed it notice of the alleged
false or fraudulent declaration and an opportunity to explain or rebut
the allegations, pursuant to regulations promulgated by the City Clerk
in consultation with legal counsel.
A.
Either individual in a domestic partnership may terminate
the domestic partnership by executing and filing with the City Clerk
a termination of domestic partnership in which the individual declares
the following:
(1)
The domestic partnership has been terminated and the
individuals are no longer living together.
(2)
The individual terminating the domestic partnership
has notified the other domestic partner of the termination in writing.
(3)
Written notice of the termination has been received
by the other domestic partner at least 30 days immediately prior to
the filing of the termination of domestic partnership.
B.
A termination of domestic partnership shall be executed
before the City Clerk or a designee under oath and penalty of perjury
as to each of its declarations and shall be subscribed by the Clerk
or a designee. The City Clerk may require documentary evidence or
testimony under oath in support of one or more of the declarations,
pursuant to regulations promulgated by the City Clerk in consultation
with legal counsel.
C.
A termination of domestic partnership shall be executed
on a form provided by the City Clerk, and shall be effective as of
the date of filing.
D.
A termination of domestic partnership which contains
a false or fraudulent declaration by the individual executing it shall
not be effective notwithstanding its filing by the City Clerk and
shall be voided by the City Clerk; provided, however, that the City
Clerk shall not void a termination of domestic partnership without
first providing the individual who executed it notice of the alleged
false or fraudulent declaration and an opportunity to explain or rebut
the allegation, pursuant to regulations promulgated by the City Clerk
in consultation with legal counsel.
[Amended 5-19-2008 by Ord. No. 25.42.08]
The City Clerk shall charge a fee of $35 for
the filing of a statement of domestic partnership or a termination
of domestic partnership. Payment of the fee shall entitle the payor
to one certified copy of the document. The City Clerk shall charge
a fee of $15 for providing an additional certified copy of either
document.
The City Clerk shall maintain a log of statement
of domestic partnership and termination of domestic partnership by
name of each individual and date of filing in a format designed to
facilitate access to such statements. The log shall be a public record
pursuant to the Freedom of Information Law. The City Clerk shall treat
any other information of a personally identifying nature relating
to an individual as a matter of personal privacy exempt from disclosure
under such law.