[HISTORY: Adopted by the Town Board of the
Town of Babylon 12-21-2004 by L.L. No. 33-2004. Amendments noted
where applicable.]
A.
It is the intention of the Babylon Town Board to establish
a mechanism by which those who choose not to or are legally prohibited
from marrying can express and document their commitment to each other
as "domestic partners." The Town Board deems it is appropriate and
fair that certain societal benefits and privileges now accorded to
those who are in a legally recognized partnership be available to
domestic partners.
B.
This legislation is intended to define the term "domestic
partnership" and establish a registry for residents wishing to acknowledge
such relationships.
A domestic partnership shall exist between two
persons under the following circumstances:
A.
The persons are not related by blood closer than would
bar marriage in the State of New York.
B.
Neither person is married.
C.
Both persons are 18 years of age or older.
D.
Both persons are competent to enter into a contract.
E.
The persons declare that they are each other's sole
domestic partner.
F.
The persons provide proof, satisfactory to the Town
Clerk, that they currently share a primary residence within the Town
of Babylon and declare that they intend to do so for the indefinite
future.
[Amended 12-29-2009 by L.L. No. 29-2009]
G.
The persons declare that they are in a relationship
of mutual support, caring and commitment and are responsible for each
other's welfare. For these purposes, "mutual support" means that each
contribute mutually to each other's maintenance and support.
H.
The persons provide proof, satisfactory to the Town
Attorney's Office, that they have resided together and shared a relationship
of mutual support for a period of not less than one year prior to
their registration as a domestic partnership.
[Amended 12-29-2009 by L.L. No. 29-2009]
J.
The persons shall file a statement of domestic partnership
as set forth in this chapter and pay the required fee.
[Amended 2-3-2009 by L.L. No. 3-2009]
A.
Contents. The statement shall be signed under the penalty of perjury
and shall include the date on which the persons became each other's
domestic partner and the address of both partners. Statements must
include certified copies of each partner's birth certificate
or proof of birth date in a form acceptable to the Town Clerk and
a copy of either a driver's license or other photo identification
acceptable to the Town Clerk.
B.
Affirmation of requirements. The domestic partnership statement shall also include an affirmation sworn to in person by each partner at the Office of the Town Clerk on the day of filing as to each element contained in § 107-2 of this chapter.
C.
Amendment of domestic partnership statement. Partners may amend the
domestic partnership statement at any time in order to change an address
by filing an amended statement.
D.
Termination of domestic partnership. The domestic partnership statement
may be terminated as follows:
(1)
Either member of a domestic partnership may terminate the domestic
partnership by filing a termination statement with the Town Clerk.
The person filing the termination statement must declare, under penalty
of perjury:
(2)
If signed by only one member of the partnership, the termination
statement shall include United States Postal Service proof of its
mailing to the other partner or a notarized statement of the other
partner acknowledging the termination.
(3)
A domestic partnership shall terminate in the event of the marriage
or death of either partner.
(4)
New statements of domestic partnership. No person who has filed a
statement of domestic partnership may file another statement of domestic
partnership until six months after the termination statement of a
previous partnership has been on file with the Town Clerk.
[Amended 2-3-2009 by L.L. No. 3-2009]
Anyone who has signed a statement of domestic partnership must
file it with the Town Clerk. The statement of domestic partnership,
or any termination or amendment thereof, shall not be deemed effective
until filed with the Town Clerk according to the provisions of this
chapter.
A.
Form of statements. All statements relating to domestic partnerships
shall be notarized and executed as a declaration made under the penalty
of perjury. The Town Clerk shall provide forms as necessary to interested
individuals.
B.
Fees for filing of statements and issuance of domestic partnership
certificates.
[Amended 10-6-2009 by L.L. No. 18-2009]
(1)
There
shall be a fee of $25 for the filing of a domestic partnership statement.
Such fees shall cover the cost of filing and providing a copy of the
certificate of domestic partnership registration.
(2)
There
shall be a fee of $25 for the filing of a termination of domestic
registry.
(3)
There
shall be a fee of $10 for each additional certified copy of the certificate
or amended copy of a certificate or documentation of a termination
of a partnership.
[Amended 2-3-2009 by L.L. No. 3-2009]
A.
The Town Clerk shall ensure the confidentiality of information contained
in the registry. In the ordinary course of business, such information
shall be released as follows:
(1)
To one or both parties to the domestic partnership;
(2)
To an individual presenting written authorization from one or both
of the parties to the domestic partnership;
(3)
In accordance with an order of a court of competent jurisdiction
or a so-ordered subpoena;
(4)
As required pursuant to the Freedom of Information Act.
B.
Nothing herein shall be construed to prohibit the publication of
statistics or information pertaining to domestic partnerships which
have been registered by the Town Clerk, and are legally obtainable
under the Freedom of Information Laws of New York State.
