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 Nyack
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:
AFFIDAVIT OF DOMESTIC PARTNERSHIP
An affidavit prepared by the Village Clerk, in accordance
with procedures adopted by the Village Board. The procedures of the
Village Clerk with regard to such affidavits shall be adopted by the
effective date of this chapter.
A. Unmarried and the age of 18 years or older, and competent to contract;
B. Unrelated by blood to his or her domestic partner in a manner that
would bar their marriage in New York State; and
C. Sharing a common household with the person's domestic partner
in a close and committed, financially interdependent personal relationship.
MARRIAGE
A marriage as defined in § 10 of the New York State
Domestic Relations Law.
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 Nyack, or one of us is employed
by the Village of Nyack. 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, personal relationship and intend to remain in
the relationship.
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We are 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, either domestic partner may
amend an affidavit of domestic partnership previously filed with the
Office of the Village Clerk at any time 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 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. 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 period 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 kept on file
in the Village Clerk's office, 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.
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.