[R.O. 2011 §3.01.010; Ord. No. 6852 §1, 5-9-2011]
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- DECLARATION OF REGISTERED DOMESTIC PARTNERSHIP
- A sworn declaration filed under penalty of perjury with the City Clerk according to the procedures set forth in Subsection (C), which certifies that said individuals meet the requirements of a registered domestic partnership as set forth in Subsection (C).
- A person who resides within the household of a registered domestic partnership and is:
- DOMESTIC PARTNERS
- 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.
- DOMESTIC PARTNERSHIP
- 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.
- HEALTH CARE FACILITY
- Includes, but is not limited to, hospitals, convalescent facilities, nursing homes, walk-in clinics, doctors' offices, mental health care facilities, and other short- and long-term facilities located within, or under the jurisdiction of, the City.
- SHARE A COMMON RESIDENCE
- Both adults share the same 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.
Establishment Of Domestic Partnership Registry. There is hereby created a domestic partnership registry. The City Clerk shall have the duties specified in this Section with respect thereto, provided that the City Manager may designate and assign another City employee to perform any or all of the duties.
Requirements For Domestic Partnership. To establish a domestic partnership, both individuals must file a declaration of registered domestic partnership with the City Clerk affirming that they meet all of the following qualifications:
Both individuals share a common residence;
Both individuals affirm that they share responsibility for each other's common welfare;
Neither individual is married to a third (3rd) party;
Neither individual is part of an existing domestic partnership with any third (3rd) party; and
Each individual is eighteen (18) years of age or older.
Filing Of Declaration Of Domestic Partnership.
Filing location. Two (2) individuals seeking to become domestic partners must complete and file a declaration of domestic partnership with the City Clerk.
Filing prohibition. No individual who has previously filed a declaration of domestic partnership with the City Clerk may file a new declaration of domestic partnership until a notice of termination of domestic partnership has been filed with the City Clerk. The prohibition shall not apply if the previous domestic partnership ended because one (1) of the domestic partners is deceased.
Administration Of Registry.
Registration forms. 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 Subsection (C).
Registration requirements. The "Declaration of Domestic Partnership" form shall require each registrant to:
Availability of forms. Declaration and termination forms shall be available in the City Clerk's office.
Partnership registration. The City Clerk 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.
Termination of registration. The City Clerk shall register the notice of termination of domestic partnership pursuant to the requirements set forth in Subsection (F).
Registration fee. The fee shall be forty-five dollars ($45.00) to register or terminate the registration of a domestic partnership.
Termination Of Domestic Partnership.
Termination. A domestic partnership ends when:
One (1) of the domestic partners dies, or marries or enters into a civil union or registered domestic partnership with someone other than his/her registered domestic partner; or
A notice of termination of domestic partnership has been filed by one (1) or both domestic partners with the City Clerk.
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 City Clerk. Upon receipt, the City Clerk 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.
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.
Notice to third (3rd) 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.
Failure to give notice. Failure to provide notice to third (3rd) parties as prescribed in this Subsection shall not delay or prevent the termination of the domestic partnership.
Rights Of Registered Domestic Partnership. To the extent otherwise allowed by law:
Health care visitation. All health care facilities operating within the City shall allow a registered domestic partner the same visitation rights as that provided a spouse (or a parent, if the patient is a dependent of the registered domestic partnership). A dependent of a registered domestic partnership shall have the same visitation rights as that provided a patient's child.
Health care decisions. If a patient lacks the capacity to make a health care decision, the patient's registered domestic partner shall have the same authority as that provided a spouse to make a health care decision for the incapacitated party. This pertains to decisions concerning both physical and mental health.
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.
Visitation rights at City correctional and juvenile detention facilities. Any person who is a party to a registered domestic partnership, pursuant to this Section, shall be entitled to visit his/her domestic partner, or other family member of the domestic partner, who is an inmate at a City correctional facility or juvenile detention facility, upon the same terms and conditions under which visitation is afforded to spouses, children or parents of inmates. Visitation rights provided by this Section shall extend to any dependents of either domestic partner, and the domestic partners of an inmate's parents or children.
Use of and access to facilities. All facilities owned and operated by the City, including, but not limited to, recreational facilities, shall allow the registered domestic partner of a user, and his/her departments, to be included in any rights and privileges accorded a spouse and children for purposes of use and access to City facilities.
Restriction Of Rights Unlawful. It shall be a violation of this Section 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 Subsection (G).
Private Right Of Action. A registered domestic partner may enforce the rights conferred in this Section by filing a private action against any person in a court of competent jurisdiction for declaratory relief, injunctive relief, or both.
Reciprocity. All rights, privileges and benefits extended to registered domestic partnerships registered pursuant to this Section shall also be extended to all persons legally partnered in another jurisdiction.