[HISTORY: Adopted by the Common Council of the City of Middletown 11-5-2018. Amendments noted where applicable.]
The purpose of this chapter 325 is to establish an identification card program for residents of the City of Middletown. At the present time, there are certain services and venues (such as the City's dog park) that are open only to persons who can establish their Middletown residency. While the possession of a valid New York driver's license, for example, is one way to establish one's residency in the City, not all persons who are residents of the City may be able to obtain traditional forms of photographic identification cards such as a driver's license. The intent of the program and this chapter, therefore, is to assist those who are residents of the City but who may not be able to obtain traditional forms of identification to obtain photographic identification through the City's identification card program. It is also the intent of the program and this chapter that the establishment of a City of Middletown identification card program will help foster community pride and economic activity by giving residents of the City a sense of unity through the identification card program and thus encourage residents to patronize local business establishments that may provide incentives to those who enroll in and use the City of Middletown identification card.
The City of Middletown hereby establishes a City of Middletown identification card program, which card shall be issued to individuals who can prove their identity and residency in accordance with the terms of this chapter. The Office of the City Clerk (hereinafter referred to as the "city clerk's office") shall be designated as the department to administer the City of Middletown identification card program.
The city clerk's office shall issue such policies and procedures necessary to effectuate the purposes of this chapter, including, but not necessarily limited to, an application form and procedure. The city clerk's office shall also make the applications available online.
As used in this chapter, the following terms shall have the meanings indicated:
- Unless otherwise identified, shall solely mean the City of Middletown.
- CITY OF MIDDLETOWN MUNICIPAL IDENTIFICATION ("CMID") CARD or MIDDLETOWN IDENTIFICATION CARD
- An identification card issued by the City of Middletown.
- A person who can establish that he or she is a current resident of the City of Middletown.
The City of Middletown identification card shall be available to any resident of the City of Middletown, provided that such resident is able to provide the requirements for establishing his or her identity and residency as set forth in this chapter and of any applicable policies and procedures established by the city clerk's office.
The Middletown identification card will display, at a minimum, the card holder's photograph, name, date of birth, height, address, signature, issuance date, expiration date, and card number.
The identification card will be designed in a manner to deter fraud, which may include bar codes, serial numbers, watermarks, the City seal, and/or other security measures to deter fraud.
The City of Middletown identification card will be valid for four years from the date of issuance. Residents age 14 or over may apply for a card. Relocation out of the City invalidates the City of Middletown identification card, which should then be returned to the City for destruction.
The fee for the issuance of the City of Middletown identification card will be $15 for adults and $7 for children under the age of 18, veterans, the disabled and senior citizens (over age 62). The fees for renewal of the card shall be the same. The fee for any change of information shall be $5. The City Clerk may waive such fees in his/her discretion based upon the information presented with any application.
In order to obtain a City of Middletown identification card, an applicant must establish his or her identity and residency within the City of Middletown. The City of Middletown identification card program shall use the following point system to determine if applicants are able to prove identity and residency in the City of Middletown. six points of proof are required: four identification points plus two residency points. All documents must be original or certified copies and bear the required state and/or municipal seals.
Proof of identity and/or residency.
Proof of identity.
United States or foreign passport.
United States or foreign military ID card.
United States or foreign birth certificate.
United States permanent resident (green card).
Consular ID with photograph.
Visa or United States work permit (must be current).
National identification card (must have photo, name, address, date of birth and expiration date).
Foreign driver's license.
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 reentry to the issuing country.
ITIN card (must be accompanied by an ID with a photograph).
Written verification issued by a social services agency or homeless shelter.
Social security card.
Electronic benefit transfer (EBT) card.
High school or college diploma.
Voter registration card.
Unemployment photo ID card.
Proof of residency.
Unless otherwise indicated in Subsection A, above, the city clerk's office shall accept expired documents unless the date of expiration is more than five years prior to the date of the subject application.
The city clerk's office is authorized to accept any other reasonable documentation and assign such documentation a single point. If the individual is a minor, proof must be furnished on behalf of said minor by the individual's parents or legal guardian or by a court of competent jurisdiction. Residency may be established, in the reasoned discretion of the city clerk's office, in the absence of a fixed address.
Contesting determination of city clerk's office. Any person aggrieved by any determination of the city clerk's office made pursuant to this chapter may contest such determination by commencing an action as provided in Article 78 of the Civil Practice Law and Rules within 30 days of receipt of such determination.
The records relating to the application and issuance of the City of Middletown identification cards shall be maintained in accordance with law.
The City of Middletown will make best efforts to protect the confidentiality of all Middletown identification card applicants to the maximum extent allowable by federal and state law. The City of Middletown shall not disclose personal information obtained from an applicant for a City of Middletown identification card to any individual, public, or private entity, unless:
So ordered by a court of competent jurisdiction whose decisions are binding upon the City of Middletown; 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; or
Requested by a City of Middletown 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 that such disclosure is made in accordance with all applicable federal and state privacy laws and regulations.
The city clerk's office will not retain original or copies of documents provided by an applicant to prove identity or residency when applying for a Middletown identification card, nor will the office retain any listing of such documents. Any documentation provided by the applicant during the application process will be immediately returned to the applicant after the Middletown identification card is printed. A statement will be included on the application form indicating that the city clerk's office has reviewed the applicable documentation submitted by the applicant, and such official in the city clerk's office will initial the application showing that the qualifying documentation has been submitted, but not retained, in connection with the application. The application itself shall not be retained by the Clerk's Office but shall be returned to the applicant.
All City departments, agencies and offices, and all City employees, including law enforcement officers, will accept the City of Middletown identification card as proof of identity and residency and for access to City services and benefits, unless such acceptance is prohibited by or in conflict with state or federal law. The City of Middletown will take reasonable efforts to publicize the benefits associated with the City of Middletown identification cards.
The City of Middletown departments, agencies and offices will not require the possession of a City of Middletown identification card where identification is not required to obtain City services.
No City of Middletown departments, agencies or offices will discriminate against or draw any inference about any aspects or characteristics of an individual based upon the fact that the individual holds or presents a City of Middletown identification card issued under this chapter.
The City of Middletown is providing the Middletown identification card for identification and access to services provided by the City of Middletown, its institutions and businesses. The City does not act as guarantor or warrantor either of the information provided by the applicant for the Middletown identification card or against any acts, criminal or otherwise, committed by the individual(s) while possessing or using the Middletown identification card. The City does not waive any of its protections afforded under federal, state or local statutory law or under federal or state case law by processing or issuing the Middletown identification card.
The city clerk's office shall, consistent with all federal, state and local laws, use reasonable efforts to provide language assistance to applicants for the Middletown identification card to facilitate access thereto. The city clerk's office shall use reasonable efforts to interpret foreign documents, but it is the ultimate responsibility of the applicant to provide translations for documents.
This chapter shall take effect on February 1, 2019.