[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Plaza 11-5-2003 by L.L. No. 6-2003.
Amendments noted where applicable.]
Significant changes in our society have resulted
in the creation of diverse living arrangements and the emergence of
an expanded concept of the family unit. Many persons today live as
families in enduring, committed relationships other than marriages.
The Village of Great Neck Plaza has an interest in supporting all
caring, committed and responsible family units. The Village also recognizes
that it is in the public interest for persons in committed relationships
and who share common households to be able to register those relationships
formally.
As used in this chapter, the following terms
shall have the meanings indicated:
An affidavit in a form provided by and filed with the Village
Clerk affirming facts which establish the relationship between two
persons that constitutes a domestic partnership as defined herein.
A relationship between two persons if the following is true:
The persons are not related by blood closer
than would bar marriage in the State of New York.
Neither person is married.
Both persons are 18 years of age or older.
Both persons are competent to enter into a contract.
The persons declare that they are each other's
sole domestic partner.
The persons currently share a primary residence
and intend to do so for the indefinite future.
The persons are in a relationship of mutual
support, caring and commitment and are responsible for each other's
welfare. For these purposes, "mutual support" means that they contribute
mutually to each other's maintenance and support.
A marriage as defined in § 10 of the New York State
Domestic Relations Law.
A.
Persons may register as domestic partners if, on the
date of the initial registration, they are residents of the Village
or at least one partner is employed by the Village.
B.
Persons desiring to register as domestic partners
shall execute an affidavit of domestic partnership before a notary
public and file the affidavit in the office of the Village Clerk.
C.
Persons submitting an affidavit of domestic partnership
must declare under penalty of perjury that:
(1)
Each of such persons is a resident of the Village
or at least one such person is employed by the Village on the date
of registration;
(2)
Neither person is married;
(3)
Each of such persons is 18 years of age or older;
(4)
Each of such persons is competent to enter into a
contract;
(5)
Each of such persons is unrelated by blood to his
or her domestic partner in a manner that would bar marriage in New
York State;
(6)
Both persons share a common household;
(7)
Both persons are in a close and committed, financially
interdependent personal relationship and intend to remain in the relationship;
(8)
Each person is the other's sole domestic partner,
each has no other domestic partner and each intends to remain the
other's sole domestic partner;
(9)
Neither person has terminated a previous domestic
partnership within the 60 calendar days immediately prior to the filing
of the affidavit of domestic partnership; and
(10)
Each person agrees to file an affidavit of termination
in the event that the domestic partnership is terminated.
D.
A domestic partnership shall be established and effective
upon the filing of an executed affidavit of domestic partnership with
the Village Clerk.
E.
No person shall be eligible to register in the office
of the Village Clerk as a domestic partner if such partner has terminated
a previous domestic partnership during the 60 calendar days prior
to the filing of the affidavit of domestic partnership. This sixty-day
waiting period shall not apply if the previous domestic partnership
ended as a result of death or marriage of one of the partners.
All affidavits relating to the domestic partnership
shall be executed on a form provided by the Village Clerk. Such affidavits
shall contain the following information and shall be in substantially
the following form:
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We, the undersigned, do hereby declare ourselves
to be domestic partners. We reside in the Village of Great Neck Plaza,
or one of us is employed by the Village of Great Neck Plaza. We are
each 18 years of age or older, unmarried and competent to enter into
a contract. We are not related to each other by blood in a manner
that would bar marriage under the laws of the State of New York. We
share a common household. We are in a close and committed, financially
interdependent personal relationship and intend to remain in the relationship.
We are each other's sole domestic partner, have no other domestic
partner and intend to remain each other's sole domestic partner. Neither
of us has terminated another domestic partnership within the last
60 calendar days. Each of us agrees to file a termination statement
in the event that this domestic partnership is terminated.
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At any time during the period in which the filing
of a domestic partnership registration is in effect, each domestic
partner may amend an affidavit of domestic partnership previously
filed with the office of the Village Clerk to reflect a change in
the information previously provided to the Village Clerk. Such amendment
shall be made on a form provided by the Village Clerk. If such amendment
indicates that one or more members of the domestic partnership is
no longer eligible to be a domestic partner, the amendment must be
signed by both domestic partners, and upon filing such amendment with
the Village Clerk, the domestic partnership shall be terminated.
In addition to termination pursuant to any other
provision of this chapter, a domestic partnership shall terminate
upon the first of the following events to happen:
A.
The death of one of the domestic partners (which death
shall not automatically terminate any benefits extended by third parties
on account of such domestic partnership);
B.
The marriage of any one of the domestic partners;
C.
The filing by either or both domestic partners of
a notarized statement, on a form provided by the Village Clerk, declaring,
under the penalty of perjury, that the domestic partnership is terminated.
In the event such form is filed by only one domestic partner, the
terminating partner shall attest upon filing that he or she has sent
a written notice that he or she is terminating the partnership to
the other partner, addressed to the other partner's last known address,
by certified or registered mail, return receipt requested, and shall
provide the Village Clerk with proof of such mailing. The termination
of any domestic partnership pursuant to this subsection shall be effective
30 calendar days after the date of the filing of the executed affidavit
of termination with the Village Clerk.
When a domestic partnership has been terminated
pursuant to this chapter, no new domestic partnership involving either
of the parties to the terminated domestic partnership shall be registered
pursuant to this chapter until at least 60 calendar days after the
effective date of the termination. However, no waiting shall apply
where the previous domestic partnership was terminated by reason of
the death or marriage of one of the domestic partners.
The Board of Trustees may establish, by resolution,
reasonable fees to be charged for the filing, amendment to, or termination
of, a domestic partnership registration. Upon payment of the aforesaid
fee, the domestic partner filing the document shall be entitled to
receive two certified copies of the applicable document. Unless hereinafter
amended, such fees shall be in the following amounts:
A.
When a domestic partnership has ended, one or both
of the domestic partners shall file an affidavit of termination with
the Village Clerk within 30 days of the event which caused the end
of the partnership.
B.
Within 30 days after the filing with the Village Clerk
of any amendment to or termination of a domestic partnership, one
or both of the domestic partners shall give notice thereof to any
party who previously was given a copy of the certificate of domestic
partnership in order to obtain, secure or confirm any right.
A.
The Village Clerk shall maintain a log of registration,
amendments and terminations of domestic partnership, indexed by name
of each domestic partner, and the date of filing, in a format designed
to facilitate access to such statements.
B.
Nothing herein shall be construed to prohibit the
publication of statistics pertaining to domestic partnerships that
have been registered with the Village Clerk.
Nothing in this chapter shall be deemed to supersede,
alter, affect or conflict with any other applicable state, county
or federal laws, rules or regulations.
