[HISTORY: Adopted by the Town Board of the Town of North Hempstead 8-31-2004 by L.L. No. 5-2004. Amendments noted where applicable.]
Declaration of policy. Significant changes in our society have resulted in the creation of diverse living arrangements and the emergence of an expanded concept of the family unit. Many persons today live as families in enduring, committed relationships other than marriages. The Town of North Hempstead has an interest in supporting all caring, committed and responsible family units.
The Town also recognizes that it is in the public interest for persons in committed relationships who share common households to be able to resister those relationships formally.
As used in this chapter, the following terms shall have the meanings indicated:
- AFFIDAVIT OF DOMESTIC PARTNERSHIP
- An affidavit substantially in the form set forth in this chapter.
- DOMESTIC PARTNERSHIP
- A relationship between two persons:
- A. Who are not related by blood in a manner that would bar marriage in the State of New York.
- B. Who are not married.
- C. Who are 18 years of age or older.
- D. Who are competent to enter into a contract.
- E. Who declare they are each other's sole domestic partner.
- F. Who currently share a primary residence and intend to do so for the indefinite future.
- G. Who are in a relationship of mutual support, caring and commitment, and are responsible for each other's welfare. "Mutual support" shall mean that they are in a financially interdependent relationship and contribute mutually to each other's maintenance and support.
- A marriage as defined in section 10 of the New York State Domestic Relations Law.
Two persons may register as domestic partners if, on the date of the initial registration, they are residents of the Town or at least one partner is employed by the Town.
Persons desiring to register as domestic partners shall file a duly executed and notarized affidavit of domestic partnership in the office of the Town Clerk.
Persons submitting an affidavit of domestic partnership must declare under penalty of perjury that:
Each is a resident of the Town or at least one such person is employed by the Town on the date of registration;
Neither is married;
Each is 18 years of age or older;
Each is competent to enter into a contract;
Each is unrelated by blood to his or her domestic partner in a manner that would bar marriage in New York State;
They share a common household;
They are in a close and committed, financially interdependent personal relationship and intend to remain in the relationship;
Each is the other's sole domestic partner, and each intends to remain the other's sole domestic partner;
Neither has terminated a previous domestic partnership within the 60 calendar days immediately prior to the filing of the affidavit of domestic partnership; and
A domestic partnership shall be established and effective upon the filing of an executed affidavit of domestic partnership with the Town Clerk.
No person shall be eligible to register in the office of the Town Clerk as a domestic partner if such partner has terminated a previous domestic partnership during the 60 calendar days prior to the filing of the affidavit of domestic partnership. The sixty-day waiting period shall not apply if the previous domestic partnership ended as a result of death or marriage of one of the partners.
The affidavit of domestic partnership shall be executed and notarized on a form provided by the Town Clerk. Such affidavits shall contain the following information and shall be in substantially the following form:
If at any time during the period in which a domestic partnership affidavit has been filed there has been a change in address or employment status (relative only to Town employment), each domestic partner must amend the affidavit of domestic partnership previously filed with the Town Clerk.
A domestic partnership shall terminate upon the first of the following events to happen:
The death of one of the domestic partners (which death shall not automatically terminate any benefits extended by third parties on account of such domestic partnership);
The marriage of any one of the domestic partners;
The filing by either or both domestic partners of an affidavit, on a form provided by the Town Clerk, declaring, under the penalty of perjury, that the domestic partnership is terminated. In the event such form is filed by only one domestic partner, the terminating partner shall attest upon filing that he or she has sent a written notice to the other partner that he or she is terminating the partnership. Such notice shall be addressed to the other partner's last known address, by certified or registered mail, return receipt requested, and the terminating partner shall provide the Town Clerk with proof of such mailing. The termination of any domestic partnership pursuant to this subsection shall be effective 30 calendar days after the date of the filing of the executed affidavit of termination with the Town Clerk.
The Town Board may establish, by resolution, reasonable fees to be charged for the filing, amendment to, or termination of a domestic partnership registration. Upon payment of the aforesaid fee, the domestic partners filing the document shall be entitled to receive two certified copies of the applicable document. Unless hereinafter amended, such fees shall be in the following amounts:
When a domestic partnership has ended, one or both of the domestic partners shall file an affidavit of termination with the Town Clerk, on a form provided by the Town Clerk, within 30 days of the event which caused the end of the partnership.
Within 30 days after the filing with the Town Clerk of any amendment to or termination of a domestic partnership, one or both of the domestic partners shall give notice thereof to any party who previously was given a copy of the certificate of domestic partnership in order to obtain, secure or confirm any right.
The Town Clerk shall maintain a log of registration, amendments and terminations of domestic partnership, indexed by name of each domestic partner, and the date of filing, in a format designed to facilitate access to such statements.
Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships that have been registered with the Town Clerk.
The invalidity of any sentence, part or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts.