[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 7-20-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
RESIDENT
A person who can establish current residency in the Village of Haverstraw pursuant to § 146-4 of this chapter.
VILLAGE OF HAVERSTRAW ID CARD
(Or other name to be determined later by the Village Board and Mayor) An identification card issued by the Village of Haverstraw 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, Village Seal, or other security measures used to protect against fraud. Such devices are to be determined by Village staff subject to the approval of the Village Board.
The Village of Haverstraw Village Clerk shall administer the municipal identity card program and shall promulgate all rules necessary as set by the Village Board to effectuate the purposes of this chapter. Such office may make applications for such card available for pickup and may also make applications available online.
A. 
The Haverstraw ID card shall be available to any resident of the Village of Haverstraw 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 Village of Haverstraw 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 said fee, the Village of Haverstraw may allow for a hardship waiver if witnessed and authenticated documentation can be produced and adjudged to be valid by the Village Clerk thereby establishing difficulty to pay.
C. 
The Haverstraw 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 Haverstraw 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 "Haverstraw ID Card" in § 146-1 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 Haverstraw ID card an applicant must complete an application and provide documentation in order to establish proof of identity and proof of residency within the Village 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 Village of Haverstraw 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-issued 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 the 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 the 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 Village 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 Village; 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 Village of Haverstraw confirming at least 15 days' residency.
A. 
Any refusal to issue a Haverstraw ID card or to renew a Haverstraw ID card made hereunder shall be by written notice issued by the Village 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, provided that such demand is made in writing to the Village Clerk, and such review shall be conducted within 60 days after the applicant or licensee's request is received by the Village Clerk or his/her designee.
B. 
Upon receipt of a request for a review, the Village 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 Village 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 Village Clerk to issue a Haverstraw ID card.
A. 
The Village of Haverstraw shall not retain originals or copies of records provided by an applicant to prove identity or residency for a Haverstraw ID card; any such records must be returned to the applicant or disposed of in a timely fashion.
B. 
The Village will retain the name, date of birth, card number, and expiration date for all IDs, giving the Village the ability to prevent duplicates.
C. 
The Village of Haverstraw shall not disclose information about Haverstraw ID card applicants to any public or private entity or individual, including federal, state, or Village immigration or law enforcement entities. In the event of litigation, the Village of Haverstraw shall defend against the disclosure of such information to the maximum extent possible under the law. This protection shall extend to the Haverstraw ID card application forms, information contained on those forms or obtained through the Haverstraw ID card application process, to the lists of individuals who hold or have applied for the Haverstraw ID card, and to the fact of any individual's participation in the Haverstraw ID card program.
A. 
All municipal agencies and offices, and all municipal employees, including law enforcement officers, shall accept the Haverstraw ID card as proof of identity and residency, excluding in cases where acceptance of the Haverstraw ID card is precluded by state or federal law.
B. 
The Village of Haverstraw shall seek to promote and expand the benefits associated with the Haverstraw 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 Village.
C. 
The Village of Haverstraw agencies and officers shall not require the possession of Haverstraw ID card where identification is not already required in order to obtain Village services; provided, however, that agencies may require the possession of a Haverstraw ID card to obtain benefits or privileges offered exclusively to those who possess a Haverstraw ID card as an incentive to apply for a municipal identity card.
D. 
The Village of Haverstraw will administer and maintain reasonable and appropriate training for all municipal personnel, municipal offices, and law enforcement officers to ensure that the Haverstraw ID card is effectively accepted per intended use as is outlined in this chapter.
The Village of Haverstraw 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 Village Board, 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 Haverstraw ID card program.
It is a violation of the Village of Haverstraw ID code under this section for any person or entity to undertake any of the following acts. A fine of no more than $1,000 may be imposed for each violation:
A. 
To knowingly present false information in the course of applying for a Haverstraw ID card.
B. 
To alter, copy, or replicate a Haverstraw ID card without the authority of the Village of Haverstraw.
C. 
To use a Haverstraw 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.
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.