[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.
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.
The Department of Health and Human Services, which has been
designated as being responsible for implementing and administering
the municipal identification card program.
A person, 14 years of age or older, who can demonstrate that he or she has been present in the City of Paterson for at least 15 continuous days and who presents proof of residency as specified in § 332-3A(2) below.
A.
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.
B.
The Program Administrator shall make applications for the municipal
identification card available for pickup at designated locations and
other designated access sites and online.
C.
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.
D.
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.
A.
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.
(1)
Proof of identity.
(a)
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:
[1]
A United States or foreign passport;
[2]
A United States state driver's license;
[3]
A United States state identification card;
[4]
A United States permanent residence card (also known as a "green
card").
[5]
A consular identification card (CID);
[6]
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;
[7]
A certified copy of a United States or foreign birth certificate;
[8]
A social security card;
[9]
A national identification card with photo, name, address, date
of birth, and expiration date;
[10]
A foreign driver's license;
[11]
A United States or foreign military identification card;
[12]
A current visa issued by a government agency;
[13]
A United States individual taxpayer identification number (ITIN)
authorization letter;
[14]
An electronic benefit transfer (EBT) card;
[15]
A school identification card; or
[16]
Any other documentation that the administering agency deems
acceptable.
(b)
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.
(2)
Proof of residency.
(a)
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:
[1]
A utility bill;
[2]
A current residential property lease;
[3]
A local property tax statement dated within one year of the
date it is submitted;
[4]
A local real property mortgage payment receipt;
[5]
A bank account statement;
[6]
Proof that the applicant has a minor child currently enrolled
in a school located within the City;
[7]
An employment pay stub;
[8]
A jury summons or court order issued by a federal or state court;
[9]
A federal or state income tax or refund statement dated within
one year of the date it is submitted;
[10]
An insurance bill (homeowner, renter, health, life, or automobile
insurance);
[11]
Written verification issued by a homeless shelter that receives
City funding confirming at least 15 days' residence;
[12]
Written verification issued by a hospital, health clinic or
social services agency located within Paterson confirming at least
15 days' residency; or
[13]
Any other documentation that the Program Administrator deems
acceptable.
(b)
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.
(c)
The Program Administrator shall create an alternative method
by which individuals who are homeless can establish residency notwithstanding
the lack of a fixed address.
(3)
Fee.
(a)
The fee for the issuance of the municipal identification card
shall be as follows:
[1]
Ten dollars for new applicants over the age of 18 years;
[2]
Five dollars for senior applicants (persons over the age of
62 years);
[3]
Five dollars for child applicants (persons under the age of
18 years);
[4]
Five dollars for a card change or update; and
[5]
Ten dollars for a lost, stolen, or damaged card.
(b)
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:
[1]
The applicant is currently homeless;
[2]
The applicant has recently experienced reported domestic violence;
[3]
The applicant has proof of substantial debt caused by medical
expenses within the last 12 months;
[4]
The applicant is currently unemployed;
[5]
The applicant has filed for bankruptcy within the last six months;
[6]
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
[7]
The applicant's current household income is at or below
150% of the federal poverty level.
A.
The City shall not retain originals or copies of records provided
by an applicant to prove identity or residency for a municipal identification
card.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
