[Ord. No. 2457 §1, 7-26-2011]
As used in this Chapter, the following words and terms shall
have the meanings set out herein:
A person who resides within the household of a Registered
Domestic Partnership and is:
A biological, adopted, or foster child of a registered domestic
partner; or
A dependent as defined under IRS regulations; or
A ward of a registered domestic partner as determined in a guardianship
or other legal proceeding; or
A child for who a registered domestic partner stands in loco
parentis (i.e. a child who substantially relies on a Registered Domestic
Partner for his or her well-being).
Will be deemed to be members of each other's immediate family
and share responsibility for each other's common welfare if they execute
a Declaration of Registered Domestic Partnership affirming that such
facts are true.
A relationship between two (2) adults who consider themselves
to be members of each other's immediate family, share a common residence
and affirm that they share responsibility for each other's common
welfare.
Both adults share the same primary residence. It is not necessary
that both domestic partners have title to the property where they
reside or the legal right to possess the common residence. Two (2)
people may share a common residence even if one (1) or both have additional
residences. Domestic partners do not cease to share a common residence
if one (1) or both leave the common residence but intend to return.
[Ord. No. 2457 §1, 7-26-2011]
There is hereby created in the City of Olivette, Missouri, a
Domestic Partnership Registry which shall be maintained by the office
of the City Clerk.
[Ord. No. 2457 §1, 7-26-2011]
A.
To establish
a domestic partnership, both individuals must file a declaration of
registered domestic partnership with the City affirming that they
meet all of the following qualifications:
1.
Both
individuals share a common primary residence;
2.
Both
individuals affirm that they share responsibility for each other's
common welfare;
3.
Neither
individual is married to a third (3rd) party;
4.
Neither
individual is part of an existing domestic partnership with any third
(3rd) party; and
5.
Each
individual is eighteen (18) years of age or older.
[Ord. No. 2457 §1, 7-26-2011]
A.
Filing Location. Two (2) individuals seeking to become
domestic partners must complete and file a Declaration of Domestic
Partnership with the Office of the City Clerk.
B.
Filing Prohibition. No individual who has previously filed
a Declaration of Domestic Partnership in this City may file a new
declaration of domestic partnership until a notice of termination
of Domestic Partnership has been filed with the City. The prohibition
shall not apply if the previous domestic partnership ended because
one (1) of the domestic partners is deceased.
[Ord. No. 2457 §1, 7-26-2011]
A.
Registration Forms. The office of the City Clerk shall develop "Declaration of Domestic Partnership" and "Notice of Termination of Domestic Partnership" forms, and shall not add to or alter the requirements listed in Section 245.030 of this Chapter.
B.
Registration Requirements. The "Declaration of Domestic
Partnership" form shall require each registrant to:
C.
Availability Of Forms. The City shall have declaration
and termination forms available at the office of the City Clerk.
D.
Partnership Registration. The City shall register the declaration
of domestic partnership in a registry and return a copy of the declaration
form to the domestic partners at the address provided as their common
residence.
E.
Termination Registration. The City shall register the notice of termination of domestic partnership pursuant to the requirements set forth in Section 245.060 of this Chapter.
F.
Registration Fee. The fee shall be forty-five dollars ($45.00)
to register or terminate the registration of a domestic partnership.
[Ord. No. 2457 §1, 7-26-2011]
A.
Termination. A domestic partnership ends when:
B.
Notice Of Termination. If the facts affirmed in the declaration
of domestic partnership cease to be true, one (1) or both parties
to a domestic partnership shall file a notice of termination of domestic
partnership with the office of the City Clerk. Upon receipt, the City
shall return a copy of the notice marked filed to each of the partners,
if jointly filed; or two (2) copies to the filing partner. Unless
the partners jointly file the notice, the partner filing the notice
shall, within five (5) days, send a copy of the filed notice to the
other partner's last known address. However, this requirement shall
not apply if the termination is due to the death of one (1) of the
domestic partners.
C.
Effective Termination Date. Termination of a domestic partnership
shall be effective upon filing of the notice of termination of domestic
partnership with the City by one (1) or both partners, or on the date
of the death of one (1) of the domestic partners.
D.
Notice To Third Parties. Following the termination of a
domestic partnership, each former domestic partner who has received
or qualified for any benefit or right based upon the existence of
a domestic partnership and whose receipt of that benefit or enjoyment
of that right has not otherwise terminated, shall give prompt notification
to any third (3rd) party who provides such benefit or right that the
domestic partnership has terminated.
E.
Failure To Give Notice. Failure to provide notice to third
(3rd) parties as prescribed in this Section shall not delay or prevent
the termination of the domestic partnership.
[Ord. No. 2457 §1, 7-26-2011]
A.
Proof Of Domestic Partnership. The declaration of domestic
partnership may qualify as proof of a relationship for public and
private employers, businesses, universities and other organizations
for purposes of acquiring any available domestic partnership benefits.
B.
Historical Record Of Relationship. The declaration of domestic
partnership will serve as public record of the domestic partners'
relationship.
C.
Employee Benefits. Registration of a domestic partnership
by a City of Olivette employee will allow the employee's registered
domestic partner to become eligible for the following benefits: health
insurance, paid sick leave, family medical leave, bereavement leave,
and participation in employee assistance programs, as well as any
future rights and benefits that the City may deem available to employees'
spouses.
D.
Notification Of Family Members. In any situation providing
for mandatory or permissible notification of family members in an
emergency or when permission is granted to inmates to contact family
members, "notification of family" shall include registered domestic
partners.
E.
Use Of And Access To Facilities. All facilities owned and
operated by the City, now or in the future, including, but not limited
to, recreational facilities, shall allow the registered domestic partner
of a user, and his or her dependants, to be included in any rights
and privileges accorded a spouse and children for purposes of use
and access to City facilities.
F.
Occupancy And Tenancy. Registered domestic partners shall
qualify as "related persons" for purposes of determining residential
occupancy. Registered domestic partners shall qualify as a "family
member" entitled to succeed to the tenancy or occupancy rights of
a tenant or cooperator in buildings under the jurisdiction of the
City Housing/Land Clearance Authority.
G.
Equal Credit And Lending. Registered domestic partners shall
be treated as spouses for the purposes of credit and lending through
the City and within City limits.
[Ord. No. 2457 §1, 7-26-2011]
A.
Restriction Of Rights Unlawful. It shall be a violation of this Chapter for any person to knowingly interfere with the registration of any qualified individual as a domestic partner or to limit or restrict in any manner any right of a domestic partner as provided in Section 245.070 of this Chapter. Any person convicted of a violation of this Chapter shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by a term of imprisonment of not more than ninety (90) days, or by a combination of both a fine and imprisonment.
B.
Private Right Of Action. A registered domestic partner
may enforce the rights conferred herein by filing a private action
against a person or entity in a court of competent jurisdiction for
declaratory relief, injunctive relief, or both.
[Ord. No. 2457 §1, 7-26-2011]
All rights, privileges and benefits extended to registered domestic
partnerships registered pursuant to this Chapter shall also be extended
to all persons legally partnered in another jurisdiction.
