A domestic partnership shall exist between two persons if the
following is true:
a.
The
persons are not related by blood closer than would bar marriage in
the state of California;
b.
Neither
person is married or related by marriage;
c.
The
persons share the common necessities of life;
d.
The
persons are eighteen years old or older;
e.
The
persons are competent to enter a contract;
f.
The
persons declare that they are each other's sole domestic partner;
g.
The
persons are responsible for each other's welfare;
h.
The
persons agree to notify the city of any change in the status of their
domestic partnership;
i.
Neither
person has declared that he or she has a different domestic partner;
(Prior code § 6900; Ord. 96-466 § 1, 1996)
a.
Contents. Domestic partners may make an official record
of their domestic partnership by completing, signing and submitting
to the City Clerk a statement of domestic partnership.
The domestic partnership statement shall include the date on
which the persons became each other's domestic partners and the address
or addresses of both partners.
b.
Amendment of Domestic Partner Statement. Partners may amend
the statement at any time in order to change an address by filing
a new statement.
c.
Termination of Domestic Partnership. Any member of a domestic
partnership may terminate the domestic partnership by filing a termination
statement with the City Clerk. The person filing the termination statement
must declare under penalty of perjury: (1) The domestic partnership
is terminated; and (2) a copy of the termination statement has been
mailed to the other domestic partner.
d.
New Statements of Domestic Partnership. No person who has
filed an affidavit of domestic partnership may file another statement
of domestic partnership until six months after a statement of termination
of a previous partnership has been filed with the City Clerk.
(Prior code § 6901; Ord. 96-466 § 1, 1996)
a.
Submission of Statements. A domestic partnership statement
shall be filed in person and both members of such partnership shall
present valid identification to the City Clerk at the time of filing;
provided, however, that a domestic partnership statement may be filed
by mail if the signatures of both members are attested to be a notary
official. A domestic partnership statement, termination statement
or amendment of domestic partnership statement shall not be deemed
effective unless filed with the City Clerk and in accordance with
the provisions of this chapter.
b.
Form of Statements. All statements relating to domestic partnerships shall be executed as a declaration made under penalty of perjury. The City Clerk shall provide forms as necessary to interested individuals. A statement prepared in substantially the same form as that provided in Section 2.84.090 shall be sufficient for the purpose of this chapter.
c.
Fees for Statements.
1.
The
City Clerk shall charge a fee for filing a domestic partnership statement,
a termination of domestic partnership statement, and for filing an
amendment to a domestic partnership statement. The amount of this
fee shall be determined by resolution of the City Council.
2.
Payment
of the above fee entities the person filing a statement on behalf
of the domestic partnership to have two copies of the statement certified
by the City Clerk. Certification of additional copies at the time
of filing shall cost an amount per copy to be determined by resolution
of the City Council. Certification of additional copies at any other
time shall cost an amount per copy to be determined by resolution
of the City Council.
(Prior code § 6902; Ord. 96-466 § 1, 1996; Ord. 98-531 § 1, 1998)
The City Clerk shall maintain adequate records of domestic partnership
statements showing which domestic partnerships have been created,
terminated or amended.
(Prior code § 6903; Ord. 96-466 § 1, 1996)
Any person defrauded by a false statement contained in a statement
of domestic partnership, termination statement or amendment statement
may bring a civil action for fraud to recover his or her losses.
(Prior code § 6904; Ord. 96-466 § 1, 1996)
This chapter does not make the California Uniform Partnership
Act (Corp. C. § 15001 et seq.) applicable
to domestic partnerships.
(Prior code § 6905; Ord. 96-466 § 1, 1996)
All health care facilities including but not limited to hospitals,
convalescent facilities or other long-term care facilities shall allow
a domestic partner of a patient to visit the patient unless no visitors
are allowed.
(Prior code § 6906; Ord. 96-466 § 1, 1996)
All city jails shall allow an inmate's domestic partner to visit
the inmate unless:
a.
No visitors
are allowed, or
b.
The
authority in charge of the jail decides that the particular visitor
is a threat to the security of the facility.
(Prior code § 6907; Ord. 96-466 § 1, 1996)
The following forms shall be sufficient proof of the creation
or termination of domestic partnership:
a.
Statement of Domestic Partnership.
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Statement of Domestic Partnership
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We, the undersigned, do declare that:
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1.
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We are not related by blood;
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2.
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Neither of us is married, nor are we related by marriage;
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3.
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We share the common necessities of life;
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4.
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We are each other's domestic partner, and we have been each
other's domestic partner since __________;
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5.
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We are the sole domestic partner of each other and have no other
domestic partners;
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6.
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We are both over 18 years of age;
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7.
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We are responsible for each other's welfare;
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8.
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We agree to notify the city of any change in the status of our
domestic partnership arrangement.
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I declare under penalty of perjury under the laws of the State
of California that the statements above are true and correct.
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Executed on: _____, 20 _____, at _____, California.
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Signed: __________________________________________________________
Print: ___________________________________________________________
Address: _________________________________________________________
Telephone Number: _________________________________________________
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Signed: __________________________________________________________
Print: ___________________________________________________________
Address: _________________________________________________________
Telephone Number: _________________________________________________
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[Editor's Note: Subsection (b) of this section, Statement
Terminating Domestic Partnership, is presented in full on
the next page]
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b.
Statement Terminating Domestic Partnership.
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Statement Terminating Domestic Partnership.
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I, the undersigned, do declare that:
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1.
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____[Name of individual as shown on statement of
domestic partnership]__ and I are no longer domestic partners;
and
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2.
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I mailed my former domestic partner a copy of this notice at
________ on ___________, 20 _____.
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I declare under penalty of perjury under the laws of the State
of California that the statements above are true and correct.
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Signed: __________________________________________________________
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Print: ___________________________________________________________
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Address: _________________________________________________________
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Telephone Number: _________________________________________________
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(Prior code § 6908; Ord. 96-466 § 1, 1996)
The provisions of and the rights and benefits accorded by this
chapter shall be applicable to persons registered as domestic partners
in any other jurisdiction with a comparable domestic partnership enactment.
(Prior code § 6909; Ord. 96-466 § 2, 1996)
