[HISTORY: Adopted by the City Council of the City of Newburgh 4-8-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
The City Council of the City of Newburgh finds that many residents of the City of Newburgh often do not have access to various forms of identification and therefore have difficulty obtaining services, such as bank accounts, health care and access to public and government buildings. This barrier leaves thousands of individuals, including, but not limited to, immigrants, homeless persons, transgender persons, senior citizens, young people, and the formerly incarcerated, without access to critical services. It is the intent of the City Council to continue the City of Newburgh's status as a fair and welcoming center for all residents without regard to a person's race, national origin, religion, sex, sexual orientation, gender identity, disability, immigration, housing, or financial status.
Residents' lack of access to acceptable forms of identification also raises public safety concerns for the City of Newburgh. Residents without access to bank accounts often carry large amounts of money on their person or store it in their home making them targets for crime. In addition, residents who cannot produce proof of identity are often reluctant to report crimes to the police that they suffer or witness. Studies show that immigrant populations in particular are victimized by crime at rates similar to or greater than the general population but immigrant populations report crime at lower rates than the general population. The under-reporting of crime poses a serious public safety problem and crodes the ability of law enforcement to function effectively in the City of Newburgh.
A City of Newburgh identification card would help reduce the impact of the barriers to services outlined above, improve public safety, and foster pride and participation in the community. A City of Newburgh identification card would encourage crime reporting and witness cooperation and support a safer community. A City of Newburgh identification card also could assist more City residents to open bank accounts, access public facilities, receive resident discounts when available from local businesses, events, and arts institutions. A City of Newburgh identification card would benefit children and youth who become lost and normally possess no identification or emergency contact information and elderly citizens who no longer drive and may not possess a valid driver's license. Therefore, it is in the best interests of the City of Newburgh and its residents to issue its own municipal identification card.
By authorizing and creating a municipal identification card program, the City Council does not intend to expand identification requirements for access to basic services or exercise of constitutional rights. The City of Newburgh Municipal Identification Program should not be used to require individuals to produce government-issued identification to access services and benefits where such identification is not now required, such as registering to vote or casting a ballot.
The City of Newburgh is providing the City of Newburgh municipal identification card for identification and access to services provided by the City of Newburgh. The City of Newburgh does not act as a guarantor or warrantor of either of the information provided by the applicant for a City of Newburgh municipal identification card or of/against acts, criminal or otherwise, committed by the individual(s) while possessing or using a City of Newburgh municipal identification card. The City of Newburgh does not waive any of its protections afforded under federal, state or local laws, processing and/or issuing the City of Newburgh municipal identification card.
The City of Newburgh hereby establishes a City of Newburgh municipal identification card program. The City of Newburgh municipal identification card shall be issued to individuals who can prove their identity and residency in accordance with the terms of this chapter. The City Clerk shall be designated to administer the City of Newburgh Municipal Identification Card Program.
The City Clerk shall act as the custodian of all records an applications and undertake the development of all policies and procedures necessary to implement the City of Newburgh Municipal Identification Card Program.
As used in this chapter, the following terms shall have the meanings indicated:
- CITY OF NEWBURGH MUNICIPAL IDENTIFICATION CARD or CITY OF NEWBURGH IDENTIFICATION CARD
- An identification card issued by the City of Newburgh pursuant to § 60-5 of this chapter.
- CITY OF NEWBURGH or CITY
- The City of Newburgh, a municipal corporation, or any department, agency, board or commission thereof.
- A person who can establish that he or she is a current resident of the City of Newburgh.
The City of Newburgh municipal identification card shall be available to any resident of the City of Newburgh over the age of 14, provided that such resident is able to meet the requirements for establishing his or her identity and residency as set forth in this chapter.
Applications for a City of Newburgh municipal identification card shall be made on a form specified by the City Clerk. Each application for a new City of Newburgh municipal identification card shall be accompanied by a fee as established in Chapter 163, Fees, of the Code of Ordinances of the City of Newburgh.
The City of Newburgh municipal identification card shall display, at a minimum, the cardholder's photograph, name, date of birth, and expiration date. The City of Newburgh municipal identification card shall be designed in a manner to deter fraud, which may include bar codes, serial numbers, watermarks, the City seal and/or other security measures.
The City of Newburgh municipal identification card shall be valid for a period of four years from the date of issuance and may thereafter be renewed for a fee as established in Chapter 163, Fees, of the Code of Ordinances of the City of Newburgh. A City of Newburgh municipal identification card may be replaced or information changed for a fee established in Chapter 163, Fees, of the Code of Ordinances of the City of Newburgh.
Fees for any new, renewed, or replacement City of Newburgh municipal identification card may be waived by the City Clerk based on information presented with the application and approved by the City Manager.
The City Clerk may require applicants to schedule an appointment for the purpose of the orderly administration of the City of Newburgh Municipal Identification Card Program.
In order to obtain a City of Newburgh municipal identification card, an applicant must establish proof of identity and proof of residency within the City of Newburgh. The City of Newburgh Municipal Identification Card Program shall implement the following point system to determine whether applicants are able to prove identity and residency in the City of Newburgh. A total of five points of proof are required. An applicant must attain four points of identification and one point of residency. All documents submitted must be original or certified copies and bear the required state and/or municipal seals. If the applicant is a minor, the proof must be submitted on behalf of said minor by the applicant's parent(s), legal guardian, or by a court of competent jurisdiction.
Proof of identity. In order to establish identity, an applicant shall be required to attain four points of identification by producing at least one of the following document from List One (four points), current or expired not more than five years prior to the date of the City of Newburgh municipal identification card application, or one document from List Two (three points) along with one document from List Three (one point).
List One (four-point documents): United States or foreign birth certificate; United States or foreign passport; United States state driver's license; United States state identification card; United States permanent resident card; a consular identification card; a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for reentry to the issuing country; a national identification card with photo, name, date of birth, and expiration date; a foreign driver's license; United States or foreign military identification card; a current visa issued by a government agency.
List Two (three-point documents): United States citizenship and naturalization certificate; United States federal government or tribal-issued photo ID; state veterans ID with photo.
List Three (one-point documents): social security card; EBT card; high school or college diploma; ITIN (individual taxpayer identification number) card or authorization letter (must be accompanied by an ID with a photograph); voter registration card.
Proof of residency. In order to establish residency, an applicant shall be required to produce at least one of the following items which must show the applicant's name and residential address located within the City of Newburgh and must be dated no more than 60 days prior to the date such document is presented, unless otherwise indicated below:
A utility bill;
A current residential property lease;
A local property tax statement dated within one year of the date it is submitted;
A local real property mortgage payment receipt;
A bank account statement;
Proof that the applicant has a minor child currently enrolled in a school located within the Newburgh Enlarged City School District based on a City of Newburgh address;
An employment pay stub;
A jury summons or court order issued by a federal or state court;
A federal or state income tax or refund statement dated within one year of the date it is submitted;
An insurance bill dated within one year of the date it is submitted (homeowner, renter, health, life, or automobile insurance);
Written verification issued by a homeless shelter located within the municipality that confirms at least 15 days' residency;
Written verification issued by a hospital, health clinic or social services agency located within the City of Newburgh confirming at least 15 days' residency.
The records relating to the application and issuance of City of Newburgh municipal identification card shall be maintained in accordance with the law.
The City of Newburgh will make the best efforts to protect the confidentiality of all City of Newburgh municipal identification card applicants to the maximum extent allowable by federal and state law.
The City of Newburgh shall not disclose information obtained from an applicant for a City of Newburgh municipal identification card to any public or private entity or individual, including federal, state, or city immigration or law enforcement entities, unless:
Authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or legal guardian; or
So-ordered by a court of competent jurisdiction whose decisions are binding on the City of Newburgh; or
Requested by a City of Newburgh department for the limited purpose of administering the program or determining the applicant's eligibility for additional benefits, services, or care, provided that such disclosure complies with all applicable federal and state privacy laws and regulations.
The City Clerk's office shall not retain original or copies of documents provided by an applicant to prove identity or residence when applying for a City of Newburgh municipal identification card. The City Clerk's office nor will not retain any listing of such documents. Any documentation provided by the applicant during the application process shall be immediately returned to the applicant after the City of Newburgh municipal identification card is printed. A statement will be included on the application form indicating that the City Clerk's office has reviewed the applicable documentation submitted by the applicant, and such official in the City Clerk's office will initial the application showing that the qualifying documentation has been submitted, but not retained, in connection with the application.
All City of Newburgh municipal departments, agencies and offices, and appropriate municipal employees, including law enforcement officers, may accept the City of Newburgh municipal identification card as proof of identity and residency, except where acceptance of the City of Newburgh municipal identification card is prohibited by or conflicts with state or federal law.
The City may take reasonable efforts to publicize the benefits and promote the acceptance of the City of Newburgh municipal identification card within the City of Newburgh.
The City of Newburgh municipal, departments, agencies, employees, and offices may not require the possession of a City of Newburgh municipal identification card where identification is not already required in order to obtain City services; provided, however, that the City of Newburgh municipal departments, agencies, employees, and offices may require the possession of a City of Newburgh municipal identification card to obtain benefits or privileges offered exclusively to those who possess a City of Newburgh municipal identification card as an incentive to apply for the municipal identity card.
The City will train appropriate municipal personnel, municipal offices, and law enforcement officers to ensure that the City of Newburgh municipal identification card is effectively accepted for its intended use as is outlined in this chapter.
The City may, consistent with all federal, state and local laws, use reasonable efforts to provide language assistance to applicants for the City of Newburgh municipal identification card to facilitate access thereto. The City may use reasonable efforts to interpret foreign documents but applicants are responsible to provide translation of documents used to support an application for the City of Newburgh municipal identification card.
It is a violation of this chapter for any person or entity to undertake any of the following acts. A fine of no more than $100 may be imposed for each violation.
To knowingly present false information in the course of applying for a City of Newburgh municipal identification card.
To alter, copy, or replicate a City of Newburgh municipal identification card without the authority of the City.
To use a City of Newburgh municipal identification card issued to another person, with the intent to cause a third person or entity to believe the holder of the card is the person to whom the card was issued.