[HISTORY: Adopted by the City Council of the City of Paterson 5-9-2017 by Ord. No. 17-042. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The City of Paterson, or any department, board, commission or agency thereof.
- MUNICIPAL IDENTIFICATION CARD or PATERSON MUNICIPAL IDENTIFICATION CARD
- An identification card issued by the City of Paterson that shall display, at a minimum, the cardholder's name, photograph, address, and an expiration date.
- PROGRAM ADMINISTRATOR
- The Department of Health and Human Services, which has been designated as being responsible for implementing and administering the municipal identification card program.
The Program Administrator, namely, the Department of Health and Human Services, shall administer the municipal identification card program. The Department of Health and Human Services is authorized to adopt rules and regulations not inconsistent with this chapter, subject to the approval as to form and legality by the Law Department, in order to implement and administer the issuance of the municipal identification card program.
The Program Administrator shall make applications for the municipal identification card available for pickup at designated locations and other designated access sites and online.
Upon request, the Program Administrator shall issue a municipal identification card to any resident who meets the application requirements set forth below in § 332-3. The card shall bear the Seal of the City, and the Program Administrator shall cause the card to be produced in a form intended to thwart replication or counterfeiting. Cards shall be valid for a maximum of two years from the date of issuance as long as residence in the City is maintained during that time. Cards shall become invalid upon the expiration date.
It is the City's intent that the municipal identification cards will provide residents with a means of proving their residence in the City of Paterson, for the purposes of accessing City programs, services and activities, as well as helping to substantiate their identity to law enforcement personnel.
To obtain a municipal identification card, a resident shall complete an application, under penalty of perjury, requiring proof of identification and proof of residence within the City, and pay the required fee for the issuance of the card. As part of the application process, the Program Administrator shall take a digital photograph of the applicant for use on their individual municipal identification card. Upon receipt of the proof of identity, the proof of residence, and required fee, as outlined in this section, the Program Administrator or his/her designee shall cause the municipal identification card to be issued to the applicant.
Proof of identity.
To establish identity, each applicant shall be required to produce one or more of the following documents, current or expired not more than five years prior to the date of the municipal identification card application:
A United States or foreign passport;
A United States state driver's license;
A United States state identification card;
A United States permanent residence card (also known as a "green card").
A consular identification card (CID);
A photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for re-entry into the issuing country;
A certified copy of a United States or foreign birth certificate;
A social security card;
A national identification card with photo, name, address, date of birth, and expiration date;
A foreign driver's license;
A United States or foreign military identification card;
A current visa issued by a government agency;
A United States individual taxpayer identification number (ITIN) authorization letter;
An electronic benefit transfer (EBT) card;
A school identification card; or
Any other documentation that the administering agency deems acceptable.
The Program Administrator may determine by resolution the weight to be given to each type of document, and may require that an applicant produce more than one document to establish identity.
Proof of residency.
In order to establish residency, an applicant shall be required to produce one or more of the following items, each of which must show the applicant's name and residential address located within the City and must be dated no more than 60 days prior to the date such document is presented, except as otherwise indicated in this subsection:
A utility bill;
A current residential property lease;
A local property tax statement dated within one year of the date it is submitted;
A local real property mortgage payment receipt;
A bank account statement;
Proof that the applicant has a minor child currently enrolled in a school located within the City;
An employment pay stub;
A jury summons or court order issued by a federal or state court;
A federal or state income tax or refund statement dated within one year of the date it is submitted;
An insurance bill (homeowner, renter, health, life, or automobile insurance);
Written verification issued by a homeless shelter that receives City funding confirming at least 15 days' residence;
Written verification issued by a hospital, health clinic or social services agency located within Paterson confirming at least 15 days' residency; or
Any other documentation that the Program Administrator deems acceptable.
The Program Administrator may determine by resolution the weight to be given to each type of document, and may require that an application produce more than one document to establish residency.
The Program Administrator shall create an alternative method by which individuals who are homeless can establish residency notwithstanding the lack of a fixed address.
The fee for the issuance of the municipal identification card shall be as follows:
Ten dollars for new applicants over the age of 18 years;
Five dollars for senior applicants (persons over the age of 62 years);
Five dollars for child applicants (persons under the age of 18 years);
Five dollars for a card change or update; and
Ten dollars for a lost, stolen, or damaged card.
The Department of Health and Human Services may adopt rules permitting residents who cannot afford to pay such a fee to receive a full or partial waiver. In order for an applicant to be granted a waiver, the applicant must demonstrate and have proof of one of the following circumstances:
The applicant is currently homeless;
The applicant has recently experienced reported domestic violence;
The applicant has proof of substantial debt caused by medical expenses within the last 12 months;
The applicant is currently unemployed;
The applicant has filed for bankruptcy within the last six months;
The applicant currently receives one of the following: Supplemental Nutrition Assistance Program, or SSI, or TANF, or food stamps. The applicant shall provide proof in the form of a letter, notice or other official document containing the name of the agency granting the benefit, the name of the recipient of the benefit, and the name of the benefit received; or
The applicant's current household income is at or below 150% of the federal poverty level.
The City shall not retain originals or copies of records provided by an applicant to prove identity or residency for a municipal identification card.
The City shall not disclose information about municipal identification card applicants to any public or private entity or individual, including federal, state, or City immigration or law enforcement entities, except for instances pertaining to public health and safety or if required by a court of competent jurisdiction, or authorized in writing by the individual to whom such information pertains, or when such individual is a minor or is otherwise not legally competent, by such individual's parent or legal guardian, when so ordered by a court of competent jurisdiction, to a requesting City department for the limited purpose of administering the program or determining or facilitating the applicant's eligibility for additional benefits or services or care and provided such disclosure is made in accordance with all applicable federal and state privacy laws and regulations.
This protection shall extend to the municipal identification card application forms, information contained on those forms or obtained through the card application process, to the lists of individuals who hold or have applied for a municipal identification card, and to the fact of any individual's participation in the municipal identification card program.
All municipal agencies, offices, departments, and all municipal employees, including law enforcement officers, shall accept the Paterson municipal identification card as proof of identity and residency in the City, unless such City agency, office, department or employee has reasonable ground for determining that the card is counterfeit, altered, or improperly issued to the cardholder, or that the individual presenting the card is not the individual to whom it was issued.
The City shall seek to expand the benefits associated with the municipal identification card, including encouraging eligible persons to apply for the card and promoting the acceptance of the municipal identification card by banks and other public and private institutions.
Paterson agencies and officers shall not require the possession of a Paterson identification card where identification is not already required to obtain City services; provided, however that agencies may require the possession of a municipal identification card to obtain benefits or privileges offered exclusively to those who possess a municipal identification card as an incentive to apply for said card.
No City agencies or officers shall discriminate against or draw any inference about an individual's national origin, race, language proficiency, immigration status, religion, sexual orientation, disability, housing status, financial status, marital status, status as a victim of domestic violence, or criminal history, based upon the fact that the individual holds or presents a municipal identification card issued under this chapter.
The requirements of this section do not apply under circumstances where 1) a federal or state statute, administrative regulation or directive, or court decision requires the City to obtain different identification or proof of residence, 2) a federal or state statute or administrative regulation or directive preempts local regulation of identification or residency requirements, or 3) the City would be unable to comply with a condition imposed by a funding source, which would cause the City to lose funds from that source.
The City shall, consistent with federal, state and local laws, provide language assistance to applicants for the municipal identification cards to facilitate access thereto. The Department of Health and Human Services shall identify and implement measures, including but not limited to staff training, community outreach, and language assistance tools, to address the needs of limited English proficient individuals in the administration of the municipal identification card program.
In undertaking the adoption and enforcement of this chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
The City is providing the Paterson municipal identification card for identification and access to services provided by the City of Paterson. The City does not act as guarantor or warrantor either of the information provided by the applicant for the Paterson municipal identification card or against acts, criminal or otherwise, committed by the individual(s) who possess or use the Paterson municipal identification card. The City does not waive any of its protections afforded under federal, state or local laws, including but not limited to the immunities under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., by its involvement in the processing or issuing of the Paterson municipal identification cards.
All municipal identification cards issued during Mayor Jose "Joey" Torres' current term shall expire at the conclusion of said term (i.e., June 30, 2018), unless the municipal identification cards are specifically authorized by resolution to continue in effect, either by Mayor Torres or his successor, through the conclusion the subsequent Mayoral term, and so on and so forth.