[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 5-28-2003 by L.L. No. 3-2003 (Ch. 12 of the 1982 Code). Amendments noted where applicable.]
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 Village of North Hills has an interest in supporting all caring, committed and responsible family units. The Village also recognizes that it is in the public interest for persons in committed relationships and who share common households to be able to register those relationships formally.
As used in this chapter, the following terms shall have the meanings indicated:
- AFFIDAVIT OF DOMESTIC PARTNERSHIP
- An affidavit prepared by the Village Clerk, in accordance with procedures adopted by the Village Clerk. The procedures of the Village Clerk with regard to such affidavits shall be adopted by the effective date of this chapter.
- DOMESTIC PARTNER
- A person who is:
- A. Unmarried and of the age of 18 years or older, and competent to contract;
- B. Unrelated by blood to his or her domestic partner in a manner that would bar their marriage in New York State; and
- C. Sharing a common household with the person's domestic partner in a close and committed, financially interdependent personal relationship.
- A marriage as defined in § 10 of the New York State Domestic Relations Law.
Persons may register as domestic partners if, on the date of the initial registration, they are residents of the Village of North Hills or at least one partner is employed by the Village of North Hills.
Persons desiring to register as domestic partners shall execute an affidavit of domestic partnership before a notary public and file the affidavit in the office of the Village Clerk.
Persons submitting an affidavit of domestic partnership must declare under penalty of perjury that:
Each of such persons is a resident of the Village of North Hills, or at least one such person is employed by the Village of North Hills, on the date of registration;
Neither person is married;
Each of such persons is 18 years of age or older;
Each of such persons is competent to enter into a contract;
Each of such persons is unrelated by blood to his or her domestic partner in a manner that would bar marriage in New York State;
Both persons share a common household;
Both persons are in a close and committed, financially interdependent personal relationship and intend to remain in the relationship;
Each person is the other's sole domestic partner, each has no other domestic partner and each intends to remain the other's sole domestic partner;
Neither person has terminated a previous domestic partnership within the 60 calendar days immediately prior to the filing of the affidavit of domestic partnership; and
Each person agrees to file an affidavit of termination in the event that the domestic partnership is terminated.
A domestic partnership shall be established and effective upon the filing of an executed affidavit of domestic partnership with the Village Clerk.
No person shall be eligible to register in the office of the Village Clerk as a domestic partner if such person has terminated a previous domestic partnership during the 60 calendar days prior to the filing of the affidavit of domestic partnership. This 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.
All affidavits relating to the domestic partnership shall be executed on a form provided by the Village Clerk. Such affidavits shall contain the following information and shall be in substantially the following form:
We, the undersigned, do hereby declare ourselves to be domestic partners. We reside in the Village of North Hills, or one of us is employed by the Village of North Hills. We are each eighteen 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, have no other 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.
At any time during the period in which the filing of a domestic partnership registration is in effect, either domestic partner may amend an affidavit of domestic partnership previously filed with the office of the Village Clerk at any time to reflect a change in the information previously provided to the Village Clerk. Such amendment shall be made on a form provided by the Village Clerk. If such amendment indicates that one or more members of the domestic partnership is no longer eligible to be a domestic partner, the amendment must be signed by both domestic partners, and upon filing such amendment with the Village Clerk, the domestic partnership shall be terminated.
In addition to termination pursuant to any other provision of this chapter, 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 one of the domestic partners;
The filing by either or both domestic partners of a notarized statement, on a form provided by the Village 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 that he or she is terminating the partnership to the other partner, addressed to the other partners last known address, by certified or registered mail, return receipt requested. 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 Village Clerk.
When a domestic partnership has been terminated pursuant to this chapter, no new domestic partnership involving either of the parties to the terminated domestic partnership shall be registered pursuant to this chapter until at least 60 calendar days after the effective date of the termination. However, no waiting period shall apply where the previous domestic partnership was terminated by reason of the death or marriage of one of the domestic partners.
The Board of Trustees may establish 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 partner filing the document shall be entitled to receive two certified copies of the applicable document.
When a domestic partnership has ended, one or both of the domestic partners shall file an affidavit of termination with the Village Clerk within 30 days of the event which caused the end of the partnership.
Within 30 days after the filing with the Village 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 Village 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 Village Clerk.
Nothing in this chapter shall be deemed to supersede, alter, affect or conflict with any other applicable state, county or federal laws, rules or regulations.
If any section of this chapter or the application thereof to any individual, partnership or circumstance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such order or judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the controversy in which such order or judgment was rendered.