[Adopted 8-1-1990 by Ord. No. 90-7 (Ch. 7 of the 1975 Municipal Code)]
This article shall be known and may be cited as the "City of Ithaca Domestic Partnership Ordinance."
A. 
The city's interest in strengthening and supporting all caring, committed and responsible family forms has led to the definition and recognition of the "domestic partnership" (explained below) as a relationship and family unit that is deserving of official recognition.
B. 
This article establishes a mechanism for the public expression and documentation of the commitment reflected by the "domestic partnership" whose members cannot or choose not to marry.
C. 
It is appropriate and fair that certain of the societal privileges and benefits now accorded to members of a marriage be extended to those who meet the qualifications of a domestic partnership. The mechanism established by this article will facilitate the definition of those entitled to such privileges.
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 New York.
B. 
Neither person is married.
C. 
The persons are 18 years of age or older.
D. 
The persons are competent to enter into a contract.
E. 
The persons declare that they are each other's sole domestic partner.
F. 
The persons currently share a primary residence and declare that they intend to continue to do so for the indefinite future.
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 they contribute mutually to each other's maintenance and support.
H. 
The persons agree to notify the city of any change in the status of their domestic partnership.
I. 
The persons file a statement of domestic partnership as set forth in § 215-22.
A. 
Contents.
(1) 
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.
(2) 
The statement shall be signed under penalty of perjury and shall include the date on which the persons became each other's domestic partners and the address of both partners. The domestic partnership statement shall further state that the domestic partners comply with the requirements of § 215-21 of this article.
B. 
Amendment of domestic partner statement. Partners may amend the statement at any time in order to change an address by filing an amended statement.
C. 
Termination of domestic partnership. Either 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 a statement of domestic partnership may file another statement of domestic partnership until six months after a termination statement of a previous partnership has been filed with the City Clerk.
Anyone who has signed a statement of domestic partnership may file it with the City Clerk. The statement of domestic partnership, termination statement or amendment of domestic partnership statement shall not be deemed effective until filed with the City Clerk according to the provisions of this article.
A. 
Form of statements. All statements relating to domestic partnerships shall be notarized and executed as declaration, made under penalty of perjury. The City Clerk shall provide forms as necessary to interested individuals.
B. 
Fees for statements. The City Clerk shall charge a fee of $25 for the filing of a domestic partnership statement and a fee of $5 for the filing of a termination statement. The payment of the above fee entitles the person filing a statement on behalf of the domestic partnership to two copies of the statement certified by the City Clerk. Certification of additional copies at that time or at any other time shall cost $1 per copy.
[Amended 7-5-2007 by Ord. No. 2007-6]
The City Clerk shall maintain adequate records of domestic partnership statements, showing which domestic partnerships have been created, terminated or amended.
This article is not intended to and does not make the New York Partnership Law applicable to domestic partnerships.
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/her losses.
[Added 1-2-1991 by Ord. No. 91-5; amended 6-10-1994 by Ord. No. 94-7]
In all city labor contracts, when determining when a current or past employee is entitled to take sick or bereavement leave or to receive health insurance or dental insurance benefits for the employee or the employee's family, a domestic partner of the employee, as established by this Article IV, shall be treated as if the domestic partner were the spouse of the employee.