[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.
A.
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.
B.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
(1)
Proof of identity and/or residency.
(2)
Proof of identity.
(a)
4-point documents.
[1]
United States or foreign passport.
[2]
United States or foreign military ID card.
[3]
United States or foreign birth certificate.
[4]
United States permanent resident (green card).
[5]
Consular ID with photograph.
[6]
Visa or United States work permit (must be current).
[7]
National identification card (must have photo, name, address,
date of birth and expiration date).
[8]
Foreign driver's license.
[9]
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.
(d)
1-point documents.
[1]
ITIN card (must be accompanied by an ID with a photograph).
[2]
Written verification issued by a social services agency or homeless
shelter.
[3]
Social security card.
[4]
Electronic benefit transfer (EBT) card.
[5]
High school or college diploma.
[6]
Voter registration card.
[7]
Unemployment photo ID card.
B.
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.
C.
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.
D.
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.
A.
The records relating to the application and issuance of the City
of Middletown identification cards shall be maintained in accordance
with law.
B.
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:
(1)
So ordered by a court of competent jurisdiction whose decisions are
binding upon the City of Middletown; or
(2)
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
(3)
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.
C.
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.
A.
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.
B.
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.
C.
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.
