[Ord. No. 6182 §1, 1-24-2012]
The following definitions apply to this Article:
The cost of essential food, shelter and other fundamental
needs.
The City Clerk of the City of Clayton, Missouri.
A person who resides within the household of a registered
domestic partnership and is:
Two (2) adults who consider themselves to be members of each
other's immediate family, share a principal residence in the City
of Clayton, and are jointly responsible for the basic necessities
of life. The individuals need not contribute equally to the cost of
these necessities, as long as they agree that both share that responsibility.
[Ord. No. 6182 §1, 1-24-2012]
There is hereby created a domestic partnership registry which
shall be maintained by the City Clerk.
[Ord. No. 6182 §1, 1-24-2012]
A.
To
establish a domestic partnership, two (2) individuals must file a
joint declaration of domestic partnership with the City Clerk affirming
that they:
1.
Have resided together in the City of Clayton for at least six (6)
months;
2.
Each intends to reside with the other and share responsibility for
the common necessities of life for one another;
3.
Are each eighteen (18) years of age or older;
4.
Are mentally competent to contract;
5.
Are not related by blood closer than would bar marriage in the State
of Missouri;
6.
Are not married to any person other than their domestic partner;
and
7.
Are each other's sole domestic partner.
[Ord. No. 6182 § 1, 1-24-2012]
A.
Filing Location. Two (2) individuals seeking to
become domestic partners must complete and file a declaration of domestic
partnership with the City Clerk.
B.
Filing Prohibition. No individual who has previously
filed a declaration of domestic partnership may file a new declaration
of domestic partnership until six (6) months after a termination of
domestic partnership has been completed as provided by the governing
law of that jurisdiction where previously filed or, in the case of
declarations filed in the City of Clayton, a notice of termination
of that previous declaration has been filed as hereinafter provided.
This prohibition shall not apply if the previous domestic partnership
ended because one (1) of the domestic partners is deceased.
C.
Filing Fee. Individuals filing a declaration or
termination of domestic partnership shall pay a fee of fifty dollars
($50.00) to the City.
[Ord. No. 6182 § 1, 1-24-2012]
B.
The City shall have declaration and termination forms available at
the office of the City Clerk.
C.
The declaration of domestic partnership form and the termination
of domestic partnership form shall contain notice that false statements
made on the form are punishable.
D.
Partnership Registration. The City shall register
the declaration of domestic partnership submitted by the partners
in a registry and return a copy of the declaration to the domestic
partners at the address provided as their common residence.
[Ord. No. 6182 § 1, 1-24-2012]
A.
Termination. A domestic partnership ends when:
1.
One (1) of the domestic partners dies, marries a person other
than their domestic partner, or enters into a civil union or registered
domestic partnership with someone other than his or her registered
domestic partner; or
2.
A notice of termination of domestic partnership has been filed
by one (1) or both domestic partners with the City.
B.
Notice Of Termination. If the facts affirmed in
the declaration of domestic partnership cease to be true, one (1)
or both parties to a domestic partnership shall file a notice of termination
of domestic partners with the City Clerk. Upon receipt, the City Clerk
shall return a copy of the notice marked "filed" to each of the partners
if jointly filed; or two (2) copies to the filing partner. Unless
the partners jointly file the notice, the partner filing the notice
shall, within five (5) days, send a copy of the filed notice to the
other partner's last known address. However, this requirement shall
not apply if the termination is due to the death of one (1) of the
domestic partners.
C.
Effective Termination Date. Termination of a domestic
partnership shall be effective upon filing of the notice of termination
of domestic partnership with the City Clerk by one (1) or both partners,
or on the date of the death of one (1) of the domestic partners.
D.
Notice To Third Parties. Following the termination
of a domestic partnership, each former domestic partner who has received
or qualified for any benefit or right based upon the existence of
a domestic partnership and receipt of that benefit or enjoyment of
that right has not otherwise terminated, shall give prompt notification
to any third party who provides such benefit or right that the domestic
partnership has terminated.
E.
Failure To Give Notice. Failure to provide notice
to third parties as prescribed in the Section shall not delay or prevent
the termination of the domestic partnership.
[Ord. No. 6182 § 1, 1-24-2012]
A.
Use Of And Access To City Facilities. All facilities
owned and operated by the City, including, but not limited to, recreational
facilities, shall allow the registered domestic partner of a user
or member, and his or her dependents, to be included in any rights
and privileges accorded a spouse and children for purposes of use
and access to City facilities.
B.
No Property Rights. The creation or conveyance of
property rights are not matters within the authority of the City of
Clayton. The registration of a domestic partnership does not, in and
of itself, create or confer on either party any property right to
real or personal property of the other partner. Any party wishing
to create or convey such an interest must do so in accord with the
relevant civil laws of the State of Missouri. Likewise, the termination
of a domestic partnership registration shall not, in and of itself,
alter or terminate any property right of either member with respect
to real or personal property separately or jointly owned. Such alteration
or termination must be accomplished in accord with the relevant civil
laws of the State of Missouri. The City of Clayton is not authorized
to, and will not, adjudicate any property rights or interests of current
or previous registered domestic partners.
C.
Recognition By Others. The City of Clayton urges
health care providers and facilities to accept this registration as
proof of relationship for their visitation and other policies. The
City also calls upon all others with whom Clayton registered domestic
partners interact to join the City in respecting the societal importance
of the commitment and relationship of such partners and to recognize
that relationship in their dealings with either or both partners.
