[HISTORY:[1] Adopted by the Common Council of the City of Kingston 12-19-2018 by L.L. No. 10-2018, approved 12-19-2018. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 280, Loitering, adopted 6-2-1992
by L.L. No. 3-1992, approved 6-17-1992 (Ch. 69 of the 1984 Code),
as amended 11-10-1992 by L.L. No. 9-1992, approved 12-4-1992, was
repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.
As used in this chapter, the following terms shall have the
meanings indicated:
(or other name to be determined later by the Common Council
and Mayor) An identification card issued by the City of Kingston that
shall, at a minimum, display the cardholder's photograph, name,
date of birth, address, ID card number, and card expiration date.
Such identification card shall be designed in a manner to deter fraud
which may include: bar codes, serial numbers, watermarks, City Seal,
or other security measures used to protect against fraud. Such devices
are to be determined by City staff subject to the approval of the
Kingston Common Council and Mayor.
The City of Kingston or any department, agency, board, or
commission thereof.
A person who can establish current residency in the City of Kingston pursuant to § 280-4 of this chapter.
The City of Kingston City Clerk shall administer the municipal
identity card program and shall promulgate all rules necessary as
set by the Common Council to effectuate the purposes of this chapter.
Such office shall make applications for such card available for pickup
and submission at any agency or office where there is substantial
contact with the public and shall also make applications available
online.
A.
The Kingston ID card shall be available to any resident of the City
of Kingston age 14 years or older, regardless of the individual's
race, color, creed, age, national origin, alienage or citizenship
status, gender identity, sexual orientation, disability, marital status,
partnership status, any lawful source of income, housing status, status
as a victim of domestic violence or status as a victim of sex offenses
or stalking, or conviction or arrest record, provided that such resident
is able to meet the identity and residency requirements as set forth
in this chapter.
B.
The City of Kingston shall establish an application fee for municipal
identification cards of $10 for adults and $5 for people under the
age of 18 or over the age of 62. For those who cannot afford to pay
set fee, the City of Kingston will allow for a hardship waiver if
witnessed and authenticated documentation can be produced and adjudged
to be valid by the City Clerk thereby establishing difficulty to pay.
C.
The Kingston ID card shall be valid for a period of four years from
the date of issuance, and thereafter must be renewed in order to remain
active and receive benefit with a renewal fee of $5.
D.
The Kingston ID card program shall be implemented within six months of the passage of Legislation. All necessary rules to effectuate the purposes of this chapter, including the establishment of security devices as described in the definition of "Kingston ID Card" in § 280-1 above shall be adopted and set forth in a separate schedule to be adopted within six months of the passage of this legislation.
In order to obtain a Kingston ID card an applicant must complete
an application and provide documentation in order to establish proof
of identity and proof of residency within the City as follows:
A.
Proof of identity. In order to establish identity, an applicant shall
be required to attain four points of identification by producing at
least one of the following documents from List One (four points),
current or expired not more than five years prior to the date of the
City of Kingston ID card application or one document from List Two
(three points} along with one document from List Three (one point).
(1)
List One (four point documents): United States or foreign passport;
United States state driver's license; United States state identification
card; United States permanent resident card; a consular identification
card; 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 to the issuing country;
a national identification card with photo, name, address, date of
birth, and expiration date; a foreign driver's license; United
States or foreign military identification card; a current visa issued
by a government agency. State Veterans ID with photo; United States
Federal Government or Tribal-issue d photo ID; photo ID issued by
an accredited United States educational institution; United States
union photo ID; municipal ID.
(2)
List Two (three point documents): United States Permanent Resident
(Green Card); United States Citizenship and Naturalization Certificate;
United States or foreign birth certificate; birth certificate of applicant's
child, issued by a state or territory, or a locality of a state or
territory, or by the United States State Department, listing applicant
as birth parent; current United States employment authorization document
(EAD) or work permit issued by United States Citizenship and Immigration
Services (USCIS) with date of birth and expiration date.
(3)
List Three (one point document): social security card; EBT card;
ITIN (individual taxpayer identification number) card or authorization
letter; voter registration card; United States school transcript from
high school or post-secondary school; United States high school diploma,
high school equivalency diploma, or United States postsecondary school,
college or university diploma; Selective Service registration card;
prison discharge papers; certificate of marriage, domestic partnership,
civil union, divorce or dissolution of marriage, domestic partnership
or civil union; employee identification card from employer located
in United States; written verification issued by a social services
agency or homeless shelter; unemployment photo ID card.
(4)
Proof of residency. In order to establish residency, an applicant
shall be required to produce at least one of the following items 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, unless otherwise indicated
below: 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 located within municipality that confirms at least 15 days'
residency; written verification issued by a hospital, health clinic
or social services agency located within the City of Kingston confirming
at least 15 days' residency .
A.
Any refusal to issue a Kingston ID card or to renew a Kingston ID
card made hereunder shall be by written notice issued by the City
Clerk, or his/her designee, to the applicant. Said notice shall include
a statement that the applicant is entitled to request review by the
Mayor of Kingston, provided that such demand is made in writing to
the City Clerk, and such review shall be conducted within 60 days
after the applicant or licensee's request is received by the
City Clerk or his/her designee.
B.
Upon receipt of a request for a review, the City Clerk shall transmit
such request to the Mayor or his or her designee, who shall render
a decision within 60 days after receiving the request. The Mayor shall
have the final authority to uphold, reverse or modify the decision
of the City Clerk.
C.
Request for review: Any request for a review must be made in writing,
within 10 days after mailing notice of the refusal of the City Clerk
to issue a Kingston ID card.
A.
The City of Kingston shall not retain originals or copies of records
provided by an applicant to prove identity or residency for a Kingston
ID card; any such records must be returned to the applicant or disposed
of in a timely fashion.
B.
The City will retain the name, date of birth, card number, and expiration
date for all IDs, giving the City the ability to prevent duplicates.
C.
The City of Kingston shall not disclose information about Kingston
ID card applicants to any public or private entity or individual,
including federal, state, or City immigration or law enforcement entities.
In the event of litigation, the City of Kingston shall defend against
the disclosure of such information to the maximum extent possible
under the law. This protection shall extend to the Kingston ID card
application forms, information contained on those forms or obtained
through the Kingston ID card application process, to the lists of
individuals who hold or have applied for the Kingston ID card, and
to the fact of any individual's participation in the Kingston
ID card program.
A.
All municipal agencies and offices, and all municipal employees,
including law enforcement officers, shall accept the Kingston ID card
as proof of identity and residency, excluding in cases where acceptance
of the Kingston ID card is precluded by state or federal law.
B.
The City of Kingston shall seek to promote and expand the benefits
associated with the Kingston ID card and shall take reasonable efforts
to promote the acceptance of the card by banks and other public and
private institutions located within the City.
C.
The City of Kingston agencies and officers shall not require the
possession of Kingston ID card where identification is not already
required in order to obtain City services; provided, however, that
agencies may require the possession of a Kingston ID card to obtain
benefits or privileges offered exclusively to those who possess a
Kingston ID card as an incentive to apply for a municipal identity
card.
D.
The City of Kingston will administer and maintain reasonable and
appropriate training for all municipal personnel, municipal offices,
and law enforcement officers to ensure that the Kingston ID card is
effectively accepted per intended use as is outlined in this chapter.
The City of Kingston shall, consistent with all federal, state,
and local laws, provide language assistance to applicants for the
municipal identity cards to facilitate access thereto. The Mayor,
with the advice of the Common Council of the City of Kingston, 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 successful
administration of the Kingston ID card program.
It is a violation of the City of Kingston ID code under this
section for any person or entity to undertake any of the following
act s. A fine of no more than $100 may be imposed for each violation:
A.
To knowingly present false information in the course of applying
for a Kingston ID card.
B.
To alter, copy, or replicate a Kingston ID card without the authority
of the City of Kingston.
C.
To use a Kingston ID card issued to another person, with the intent
to cause a third person or entity to believe the holder of the card
is the person to whom the card was issued.
This chapter shall be effective upon its filing with the Secretary
of State.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
