[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.]
A.
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.
B.
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:
An affidavit substantially in the form set forth in this chapter.
A relationship between two persons:
Who are not related by blood in a manner that would bar marriage in
the State of New York.
Who are not married.
Who are 18 years of age or older.
Who are competent to enter into a contract.
Who declare they are each other's sole domestic partner.
Who currently share a primary residence and intend to do so for the
indefinite future.
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.
A.
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.
B.
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.
C.
Persons submitting an affidavit of domestic partnership
must declare under penalty of perjury that:
(1)
Each is a resident of the Town or at least one such person
is employed by the Town on the date of registration;
(2)
Neither is married;
(3)
Each is 18 years of age or older;
(4)
Each is competent to enter into a contract;
(5)
Each is unrelated by blood to his or her domestic partner
in a manner that would bar marriage in New York State;
(6)
They share a common household;
(7)
They are in a close and committed, financially interdependent
personal relationship and intend to remain in the relationship;
(8)
Each is the other's sole domestic partner, and each
intends to remain the other's sole domestic partner;
(9)
Neither has terminated a previous domestic partnership
within the 60 calendar days immediately prior to the filing of the affidavit
of domestic partnership; and
D.
A domestic partnership shall be established and effective
upon the filing of an executed affidavit of domestic partnership with the
Town Clerk.
E.
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:
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We, the undersigned, do hereby declare ourselves to be domestic partners.
We reside in the Town of North Hempstead at , or one of us is
employed by the Town of North Hempstead. We are each 18 years of age or older,
unmarried and competent to enter into a contract. We are not related to each
other by blood in a manner that would bar marriage under the laws of the State
of New York. We share a common household. We are in a close and committed,
financially interdependent personal relationship and intend to remain in the
relationship. We are each other's sole domestic partner and intend to
remain each other's sole domestic partner. Neither of us has terminated
another domestic partnership within the last 60 calendar days. Each of us
agrees to file a termination statement in the event that this domestic partnership
is terminated.
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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:
A.
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);
B.
The marriage of any one of the domestic partners;
D.
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:
A.
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.
B.
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.
A.
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.
B.
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.
