[HISTORY: Adopted by the Rochester City Council
4-12-1994 by Ord. No. 94-89. Amendments noted where applicable.]
A.
Any two individuals may execute and file with the
City Clerk a statement of domestic partnership in which each individual
as to himself or herself declares the following:
(1)
The individuals are at least 18 years of age.
(2)
The individuals are competent to enter into a contract.
(3)
The individuals are not married in any jurisdiction.
(4)
The individuals currently live together and have lived
together continuously for at least six months immediately prior to
filing the statement.
(5)
The individuals intend to continue to live together.
(6)
The individuals are committed to the physical, emotional
and financial care and support of each other.
(7)
The individuals are financially interdependent.
(8)
The individuals share with each other the common necessities
and tasks of one household.
(9)
The individuals have represented to persons outside
their domestic partnership that they are domestic partners.
(10)
The individuals are each other's sole domestic partner,
and each has no other domestic partner.
(11)
The individuals intend to remain each other's sole
domestic partner.
(12)
The individuals have not terminated a statement of
domestic partnership, or its equivalent in another jurisdiction, within
six months immediately prior to filing the statement.
B.
A statement of domestic partnership shall be executed
before the City Clerk or a deputy by both individuals under oath and
penalty of perjury as to each of its declarations and shall be subscribed
by the Clerk or a deputy. The City Clerk may require documentary evidence
or testimony under oath in support of one or more of the declarations,
pursuant to regulations promulgated by the City Clerk.
C.
A statement of domestic partnership shall be executed
on a form provided by the City Clerk and shall be effective as of
the date of its filing.
D.
A statement of domestic partnership which contains
a false or fraudulent declaration by either of the individuals executing
it shall not be effective notwithstanding its filing by the City Clerk
and shall be voided by the City Clerk; provided, however, that the
City Clerk shall not void a statement of domestic partnership without
first providing the individuals who executed it notice of the alleged
false or fraudulent declaration and an opportunity to explain or rebut
the allegation, pursuant to regulations promulgated by the City Clerk.
A.
Either individual in a domestic partnership may terminate
the domestic partnership by executing and filing with the City Clerk
a termination of domestic partnership in which the individual declares
the following:
(1)
The domestic partnership has been terminated and the
individuals are no longer living together.
(2)
The individual terminating the domestic partnership
has notified the other domestic partner of the termination in writing.
(3)
Written notice of the termination has been received
by the other domestic partner at least 30 days immediately prior to
the filing of the termination of domestic partnership.
B.
A termination of domestic partnership shall be executed
before the City Clerk or a deputy under oath and penalty of perjury
as to each of its declarations and shall be subscribed by the Clerk
or a deputy. The City Clerk may require documentary evidence or testimony
under oath in support of one or more of the declarations, pursuant
to regulations promulgated by the City Clerk.
C.
A termination of domestic partnership shall be executed
on a form provided by the City Clerk and shall be effective as of
the date of its filing.
D.
A termination of domestic partnership which contains
a false or fraudulent declaration by the individual executing it shall
not be effective notwithstanding its filing by the City Clerk and
shall be voided by the City Clerk; provided, however, that the City
Clerk shall not void a termination of domestic partnership without
first providing the individual who executed it notice of the alleged
false or fraudulent declaration and an opportunity to explain or rebut
the allegation, pursuant to regulations promulgated by the City Clerk.
[Amended 6-22-2004 by Ord. No. 2004-172; 6-19-2012 by Ord. No. 2012-239; 6-19-2018 by Ord. No. 2018-168[1]]
The City Clerk shall charge a fee of $75 for
filing a statement of domestic partnership or a termination of domestic
partnership. Payment of the fee shall entitle the payor to one certified
copy of the document. The City Clerk shall charge a fee of $10 for
providing an additional certified copy of either document.
[1]
Editor's Note: This ordinance provided an effective date of
7-1-2018.
The City Clerk shall maintain a log of statements
of domestic partnership and terminations of domestic partnership by
name and date of birth of each individual and date of filing, in a
format designed to facilitate access to such statements. The log shall
be a public record pursuant to the Freedom of Information Law.[1] The City Clerk shall treat any other information of a
personally identifying nature relating to an individual as a matter
of personal privacy exempt from disclosure under such law.
[1]
Editor's Note: See Article 6 of the Public
Officers Law, § 84 et seq.
