HomeMy WebLinkAbout1/5/2000 - STAFF REPORTS (10) ORDINANCE NO. 1578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.45
OF THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH
A POLICY EXTENDING TO UNMARRIED DOMESTIC
PARTNERS CERTAIN RIGHTS AFFORDED MARRIED
COUPLES
WHEREAS, the City of Palm Springs, in adopting a Human Rights Cormnission
ordinance on October 21, 1992, to deal with discrimination against protected groups, including
discrimination based on marital status, and in establishing a Human Rights Commission to
implement the ordinance, has been a leader in the county in protecting human rights; and
WHEREAS, on October 20, 1999, the City Council adopted Resolution No. 19670
encouraging vigorous enforcement of state law against hate crimes, and embraced additional
education and training concerning hate crimes; and
WHEREAS, other California cities, including Alameda, Berkeley, Cathedral City,
Laguna Beach, Oakland, Petaluma, San Diego, San Francisco, Santa Barbara, Santa Cruz and
West Hollywood have officially recognized that a domestic partnership between two consenting
adults is a legitimate form of a family unit; and
WHEREAS, the City Council of the City of Palm Springs recognizes that domestic
partners who live in an intimate and committed family relationship are often denied public and
private sector benefits because no mechanism has been established for registering their
relationship; and
WHEREAS, the Council of the City of Pahn Springs recognizes that there are many
rights and privileges afforded to married couples, which are not afforded to unmarried domestic
partners; and
WHEREAS, the City Council of the City of Palm Springs acknowledges that there are
certain legal obstacles to extending to unmarried domestic partners all of the rights and privileges
afforded to married couples; and
WHEREAS, the City Council of the City of Palm Springs, however, desires to provide
certain rights and benefits afforded to married couples, which can legally be extended to
unmarried couples or domestic partners, who reside in the City of Palm Springs and who desire
to register their domestic partnership with the City of Palm Springs; and
WHEREAS, the City Council of the City of Palm Springs desires to provide domestic
partners the opportunity to make a documented public commitment to one another and to receive
some official recognition of validity of their commitment to one another from a public agency;
and
WHEREAS, the City Council intends, through meet and confer negotiations, to offer the
same employee benefits to domestic partners as to marital partners; and
WHEREAS, the City Council intends that this Ordinance be interpreted to be consistent
with the Domestic Partnership Act of 1999 (Family Code Section 297, et seq.).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 2.45.050 shall be added to Chapter 2.45 of the Palm Springs
Municipal Code, which Section 2.45.050 shall be read as follows:
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"2.45.005 Public Policy. It is hereby declared as the public policy of the
City of Palm Springs that it is necessary to protect and safeguard the right and
opportunity of all persons to be fi•ee from all forms of arbitrary discrimination as
that term is defined herein."
Section 2. Section 2.45.010 of the Palm Springs Municipal Code is hereby amended
as to Subsection (3), which shall replace that Subsection bearing the same number and shall read
as follows:
"2.45.010 Definitions. For the purpose of this chapter:
(3) "Discrimination" means the treatment of or distinction against a
person based on the group, class or category to which that person belongs rather
than on individual merit and contrary to federal, state or local law.
Discrimination can include discrimination because of race, religion, color,
ancestry, national origin, age, gender, sexual orientation, disability, medical
condition, marital status, parental status, source of income, HIV status, or any
other arbitrary factor."
Section 3. Section 2.45.010 of the Palm Springs Municipal Code is hereby amended
by adding the following new subsections (4) and (5), before the current subsection (4), and re-
numbering each existing subsection (4) through (8) thereafter to (6) through (10), respectively, to
reflect the addition of the new subsections (4) and (5), with the remaining provisions of Section
2.45.010 being unchanged and in full force and effect:
"2.45.010 Definitions. For the purpose of this chapter:
(4) "Domestic Partnership" means two adults who have chosen to
share one another's lives in an intimate and committed relationship of mutual
caring and refers to those persons who have registered as domestic partners
pursuant to a valid and current Statement of Domestic Partnership on file with the
City of Palm Springs under this Chapter 2.45 and where all of the following
requirements are met:
(a) The partnership is between no more than two persons, each of
whom is eighteen (18) years old or older;
(b) The persons are not related by blood in a way which would prevent
them from being married to each other in the State of California;
(c) The persons are not married or a member of another domestic
partnership;
(d) The persons have agreed to be jointly responsible for their
common care, welfare, and basic living expenses in that each partner has agreed
to provide for the other partner's basic living expenses if the partner is unable to
provide for herself or himself,
(e) Each of the persons is competent to enter into a contract or consent
to the domestic partnership;
(f) Both persons' domicile are in the City of Palm Springs and they
share a conrmon residence, but this does not require that the legal right to possess
the residence be in both names;
(g) Neither person has officially declared to the City of Palm Springs
that he or she has a different domestic partner nor has previously made and
concurrently maintained such declaration to any other jurisdiction; provided that
any such prior declaration has been terminated, and, further provided that this
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shall not bar any such concurrent declaration filed with the Secretary of State of
California if such declaration is for the same partner at the Palm Springs domicile;
(h) The persons have been cohabitating for a period of at least six (6)
months; and
(i) The persons will complete, sign under penalty of perjury and
personally submit to the City Clerk a statement of domestic partnership in the
from prescribed under this Chapter 2.45.
(5) "Domicile" shall mean the one location the respective person
considers to be his or her most settled and permanent location, the place where he
or she intends to remain and to which, whenever he or she is absent, to which he
or she has the intention of retrmiing."
Section 4. Section 2.45 of the Palm Springs Municipal Code is hereby amended by
adding subsections 2.45.070 through 2.45.180 to read as follows, with the remaining provisions
of Section 2.45 being unchanged and to remain in full force and effect:
"2.45.070 Statement of Domestic Partnership. (a) Domestic partners,
who meet the qualifications of a Domestic Partnership under this Chapter may
make an official record of their Domestic Partnership by completing, signing and
submitting in person to the City Clerk, on the form prescribed by the City Clerk, a
"Statement of Domestic Partnership" stating that they meet the requirements of
this chapter.
(b) The Statement shall establish the location of domicile and be
signed by both partners rider penalty of perjury, with both signatures being
notarized.
(c) Each domestic partner who submits a Statement of Domestic
Partnership with the City Clerk agrees to notify the City of Palm Springs of any
change in the status of their domestic partnership.
(d) A Statement of Domestic Partnership may be aniended to reflect
changes, such as a change in address of the partners, by filing in person a new
Statement of Domestic Partnership.
(e) No person who has a Statement of Domestic Partnership on file
with the City Clerk may file another Statement of Domestic Partnership until a
Statement of Termination of Domestic Partnership is filed with the City Clerk in
accordance with this Chapter.
(f) No Statement of Domestic Partnership shall be deemed effective
unless submitted to the City Clerk in accordance with the provisions of this
Chapter.
2.45.080 Termination of Domestic Partnership. (a) A domestic
partnership is terminated when one of the following occurs: (1) one partner dies
or is married, (2) the partners no longer have a common residence, or (3) one
partner gives the other written notice by certified mail of termination. Upon the
occurrence of such event, at least one former partner shall file with the City a
Statement of Termination of Domestic Partnership.
(b) Any member of a domestic partnership may terminate the domestic 2�3
partnership by jointly or uiilaterally completing, signing wider penalty of perjury J
and submitting in person to the City Clerk a Statement of Termination of
Domestic Partnership in the form prescribed by the City Clerk.
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(c) A domestic partnership shall be deemed terminated thirty (30) days
after the filing of the Statement of Termination of Domestic Partnership and, if
applicable, proof that the Statement of Termination was either mailed to, served
on or personally delivered to the former partner, when such former partner did not
appear personally in the City to file the Statement of Termination of Domestic
Partnership.
(d) No Termination of Domestic Partnership shall be deemed effective
unless submitted to the City Clerk in accordance with the provisions of this
Chapter.
2.45.090 Fees. (a)No Statement of Domestic Partnership or Statement of
Tennination of Domestic Partnership shall be accepted by the City Clerk unless
accompanied by payment of the filing fee in an amount which may be established
from time to time by resolution of the City Council.
(b) Payment of filing fees shall entitle the person filing the subject
statement to have two (2) copies of said statement certified by the City Clerk.
(c) The cost of certification of additional copies of a statement shall be
an amount per copy as established by resolution of the City Council.
2.45.100 Maintenance of records; Not . The City Clerk shall maintain
adequate records of all Statements of Domestic Partnership and all Statements of
Termination of Domestic Partnership along with a Register of Domestic
Partnerships. No Statement of Domestic Partnership or Termination shall be valid
and binding without the signature and seal of acknowledgement by a notary
public.
2.45.110 Legal effect. (a) Registration as a domestic partner under this
chapter shall not be evidence of, or establish, any rights existing under law other
than those expressly provided hereunder.
(b) The filing of a Statement of Domestic Partnership hereunder shall
not change the character of property, real or personal, or interest in real or
personal property owned by either domestic partner or both of them, and the
formation of a domestic partnership shall not, in and of itself, create any interest
in or rights to, any property, real or personal, owned by the partner in the other
partner, including but not limited to, any rights similar to community property
rights or "palimony" rights under common law.
(c) The formation of a domestic partnership hereunder shall not
change the individual income or estate tax liability of each partner prior to and
during the partnership, unless otherwise provided under another state or federal
law or regulation.
(d) This chapter is not intended to make the California Uniform
Partnership Act (California Corporations Code Section 15001, et seq.) applicable
to domestic partnerships.
(e) At the election of the partners, they may enter into a durable power
of attorney for any authorized purposes, including but not limited to, health care
or the disposition of personal effects at the time of death, provided that the
statement complies with the requirements of the Uniform Durable Power of
Attorney Act (Article 3, cominencing with Section 2475, of Division 3, Part, 4,
Title 9 of the California Civil Code).
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2.45.120 Health care facility visitations. All health care and psychiatric
care facilities located in the City of Palm Springs, including but not limited to
hospitals, convalescent facilities or other long-term care facilities, shall allow a
domestic partner of a patient to visit the patient unless the applicable rules of the
facility prohibit all visitors.
2.45.130 Jail visitation rights. A domestic partner of an imnate in the
City of Palm Springs jail shall be allowed to visit the inmate unless (1) the
applicable rules prohibit all visitors, or (2) the Police Department decides that a
particular visitor is a threat to the security of the jail.
2.45.140 City applications, licenses and permits. Persons registered with
the City of Pahn Springs as domestic partners are entitled to file, on behalf of
their domestic partner, any applications, approvals, licenses or permits that the
City allows to be filed for any person by that person's spouse. This includes, but
is not limited to, all business applications, licenses and permits; all planning,
building and land use applications, licenses and pen-nits; all health, safety and
regulatory applications, licenses and permits; and all other municipal applications,
licenses, and permits, whatsoever.
2.45.150 Civil actions. Any person or entity defrauded by a false
representation in a Statement of Domestic Partnership, an amendment to such
Statement or a Statement of Termination of Domestic Partnership may bring a
civil action against either or both partners pursuant to the laws of the State of
California to recover his, her or its actual losses, damages or injuries.
2.45.160 Reciprocity. The provisions of and the rights and benefits
accorded by this Chapter 2.45 shall be applicable to persons registered as
domestic partners in any other jurisdiction with a comparable domestic
partnership enactment.
Section 5. SEVERABILITY. The City Council declares that, should any provision,
section, paragraph, sentence or word of the ordinance be rendered or declared invalid by any
final court action in a court of competent jurisdiction by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby
adopted shall remain in full force and effect.
Section 6. STATE LAW. This Ordinance is intended to be and shall be interpreted
to the greatest extent possible so as to be consistent with applicable State laws.
Section 7. REPEAL OF CONFLICTING PROVISIONS. All the provisions of the
Patin Springs Municipal Code, as heretofore adopted by the City of Palm Springs that are in
conflict with the provisions of this ordinance are hereby repealed.
Section 8. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days
following passage by the City Council and shall supersede any conflicting provision of any City
of Palm Springs ordinance.
Section 9. CERTIFICATION. The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published according to law.
3,9S
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ADOPTED this 5th day of January 2000
1(�9(�
AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk Mayor
REVIEWED & APPROVED AS TO FORM: � �`_. --7�-s —�
City Attgmey
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Hundreds California a couples use
gay
new law to'register' as domestic partners
"But today I have gained one over age 62, when heterosexual
The measure extends two benefit,and those married couples couples may qualify.The age limit
have 1,400," he said, citing federal was a compromise acknowledging
benefits for 50me: hospital
studies that estimate more than that heterosexual couples have the
visits and health insurance 1,000 legal benefits of marriage. legal option of marriage,which gay
Actually, the legislation signed couples do not.
By AMY PYLE into law last year by Gov.Gray Da- State analysts have no estimate
NEW YORK TIMES NEWS SERVICE vis affords some same-sex couples of how much the registrations will
SACRAMENTO, Calif. — Citing two benefits: hospital visitation cost the state and local govern-
reasons financial, emotional and rights (which could othenvise_be...ments,.
political,hundreds or gays and restricted to,family members) and Similar domestic pamrer ;bills
ad-_„
brans around California took ad- 'le."i
aUli insurance coverage for t11C; pag;ecl`.flie Leglslaliue m i994-and
vantage of a new law Monday and dependents of government em 1998'only to be vetoed by former
began the process of registering ployees covered by Ca1P_ERS, the- Gov.Pete Wilson.
with the state as domestic part- state retirement system.' Among the many rights the new
ners. In Vermont last month,the state law does not extend to same-sex
To some it seemed a giant step Supreme Court ruled that homo- couples are Social Security bene-
-to others,a baby step—toward sexual couples are entitled to all fits, inheritance provisions and
full recognition of their relation- benefits and protections related to health coverage after the death of
ships. marriage.And,in October,France the state employee.It does not give
"We are involved in a commit- became the first European nation them any of the tax benefits of
ment with caring and loving and to legalize civil sofidaritypacts. marriage, nor will they have the
all the things I hear people say Across the nation,30 states have right to make medical decisions for
about their husbands and wives," enacted laws to prevent same-sex each other.
said Sam Catalano,a state employ- marriages from being recognized, Nor does the law untangle the
ee who hummed the wedding a proposal Californians will decide complicated and expensive ar-
march as he and his partner paid in the March 7 primary election. rangements gay and lesbian cou-
$10 to become registered couple Tens of thousands of couples are ples with children make in order to
number 66 at the secretary of expected to register.Only same-sex share health benefits with and legal
state's office in Sacramento. couples are eligible except those responsibility for their children.
No 3664 agrees iu Homy u,e wy o, ro„e
CITY OF PALM SPRINGS ORDINANCE NO. 1578 AN the status of their domestic partnership.(d)A Statement of
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Domestic Partnership may be amended to reflect changes,
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER such as a change in address of the partners, by filing in
2.45 OF THE PALM SPRINGS MUNICIPAL CODE TO person a new Statement of Domestic Partnership.(a)No
ESTABLISH A POLICY EXTENDING TO UNMARRIED person who has a Statement of Domestic Partnership on
DOMES_TIC PARTNERS CERTAIN RIGHTS AFFORDED file with the City Clerk may file another Statement of
MARRIED COUPLES. WHEREAS, the City of Palm Domestic Partnership until a Statement of Termination of
Springs, in adopting a Human Rights Commission Domestic Partnership is file with the City Clerk in
ordinance on October 21,1992,to deal with discrimination accordance with this Chapter, (f) No Statement of
against protected groups, Including discrimination based' Domestic Partnership shall be deemed effective unless
on marital status, and in establishing a Human Rights submitted to the City Clerk in accordance with the
Commission la implement the ordinance, has been a provisions of this Chapter. 2.45.080 Termination of
leader in the country in protecting human rights; and Domestic Partnership. (a) A domestic partnership is
WHEREAS, on October 20, 1999, [he City Council terminated when on of the following occurs. (1) one
adopted Resolution No. 19670 encouraging vigorous partner dies or is married,(2)the partners no longer have
PROOF OF PUBLICATION T enforcement of state law against hate crimes, and a common residence, or(3) one partner gives the other
embraced additional education and [raining concerning written notice by certified mail of termination. Upon the
(2015.5.C.C.P) hate crimes; and WHEREAS, other California cities, occurrence of such event,at least one former partner shall
including Alameda, Berkeley, Cathedral City, Laguna I file with the City a Statement of Termination of Domestic
Beach, Oakland, Petaluma, San Diego, San Francisco, Partnership. (b) Any member of a domestic partnership
Santa Barbara, Santa Cruz and West Hollywood have may terminate the domestic partnership by jointly or
officially recognized that a domestic partnership between unilaterally completing, signing under penally of perjury
two consenting adults is a legitimate farm of a family unit; and submitting in person to the City Clerk a Statement of
and WHEREAS, the City Council of the City of Palm Termination of Domestic Partnership In the 'form
Springs recognizes that domestic partners who live in an prescribed by the City Clerk. (c)A domestic partnership
intimate and committed family relationship are often shall be deemed terminated thirty(30),days after the filing
denied public and private sector benefits because no of the Statement of Termination of Domestic Partnership
mechanism has been established for registering their and,If applicable,proof that the Statement of Termination
relationship; and WHEREAS, the Council of the City of was either mailed to,served on or personally delivered to
Palm Springs recognizes [hat there are many rights and the former partner, when such former partner did not
privileges afforded to married couples, which are not appear personally in the City to file the Statement of
afforded to unmarried domestic partners;and WHEREAS, Termination of Domestic Partnership.(d)No Termination of
the City Council of the City of Palm Springs acknowledges Domestic Partnership shall be deemed effective unless
TATE OF CALIFORNIA that there are certain legal obstacles to extending to submitted to the City Clerk in accordance with the
'ounty of Riverside unmarried domestic partners all of[he rights and privileges provisions of this Chapter. 2 45.090 Fees (a) No
afforded to marned couples; and WHEREAS, the ily Statement of Domestic Partnership or Statement of
Council of the City of Palm Sp[ings, however, desires to Termination of Domestic Partnership shall be accepted by
provide certain rights and benefits afforded to married the City Clerk unless accompanied by payment of the filing
couples, which can legally be extended to unmarried fee in an amount which may be established from time to
couples or domestic partners, who reside in the City of time by resolution of the City Council.(b)Payment of filing
• Palm Springs and who desire to register their domestic fees shall entitle the person filing the subject statement to
partnership with the City of Palm Springs;and WHEREAS, have tow(2)copies of said statement certified by the City
the City Council of the City of Palm Springs desires to Clerk.(c)The cost of certification of additional copies of a
provide domestic partners the opportunity to make a statement shall be an amount per copy as established by
am a citizen of the United States and resident of documented public commitment to one another and to resolution of the City Council. 2.45.100 Malntenance,of
he Count'aforesaid; I am over the ne of eighteen receive some official recognition of validity of their records; Notary. The City Clerk shall maintain adequate
g commitment to one another from a public agency; and records of all Statement of Domestic Partnership and ail
can,and not a party to or Interested in the WHEREAS, the City Council intends, through meet and Statements of Termination of Domestic Partnerships. No
bove-entitled matter.I am the principal clerk of a confer negotiations,to offer the same employee benefits to Statement of Domestic Partnership or Termination shall be
,tinter of the,DESERT SUN PUBLISHING domestic partners'as to marital partners;and WHEREAS, we and binding without the signature and seal of
;OMPANY a newspaper of general circulation the City Council intends that this Ordinance be interpreted acknowledgement by a notary public 2.45.110 Legal
g + to he consistent with the.Domestic Partnership Act of 1999 effect. (a) Registration as a domestic partner under this
,tinted and published in the city of Palm Springs, (Family Code Section 297,at seq.).NOW,THEREFORE, chapter shall not be evidence of,or establish, any rights
:ounty of Riverside,and which newspaper has been THE CITY COUNCIL OF THE CITY OF PALM SPRINGS existing under Is other than those expressly provided
.djudged a newspaper of general clrralation by the HEREBY ORDAINS AS FOLLOWS: Section 1. Section hereunder. (b) The filing of a Statement o1 Domestic
inferior Court of the Count•of Riverside,State of 2 45.050 shall be added to Chapter 2.45 of the Palm Partnership thereunder shall not change the character of
P Springs Municipal Cade,which Section 2.45.050 shall be property, real or personal, or,interest in real or persona
:alifornia under the date of March 24,1988.Case read as follows: "2.45.005 Public Policy. It is hereby property owned by either domestic partner or bath of them
Number 191236;that the notice,of which the declared as the public policy of the City of Palm Springs and the formation of a domestic partnership shall not, it
mneXed is a printed copy(Set in type opportunity of all persons to be free from all forms of property, real or personal, owned by the partner in t
first smaller that it is necessary to protect and safeguard the right and and of itself, create any interest in or rights to, and
IN
ban non pariel,has been published in each regular arbitrary discrimination as that term is defined herein." other partner,Including but not limited to,any rights simile
and entire issue of said newspaper and not in any Section 2.Section 2.45.010 of the Palm Springs Municipal to community properly rights or "palimony" rights unde
'supplement thereof on the following dates,to wit: Code is hereby amended as to Subsection(3),which shall common law.(c)The formation of a domestic partnershlf
be replace that Subsection bearing ilia same number and hereunder shall not change the individug1income er estate
shall read as follows: "2.45.010 Definitions. For the tax liability of each partner prior_tq:and_durinq:[ha
January loth purpose of this chapter (3) "Discrimination" means the I partnership,unless otherwise provided Under another state
---- treatment of or distinction against a person based on the�or federal law or regulation.(d)This chapter is not intended
group, class or category to which that person belongs,to make the California Uniform Partnership Act(California
rather than on Individual merit and contrary to federal, Corporations Code Section 15001,at seg.,)applicable to
---- state or local law.Discrimination can include discrimination 1 domestic partnerships. fe)At the election of the partners,
because of race, religion, color, ancestry, national origin, they may enter into a durable power of attorney for any
kil in the veer 2000 age, gender, sexual orientation, disability, medical authorized purposes, including but not limited to, health
condition, marital status, parental status, source of care or the disposition of personal effects at the time of
I certify(or declare)under penalty of periury that the Income,HIV status,or any other arbitrary factor."Section I death, provided that the statement complies with the
foregoing is true and correct. 3.Section 2 45.010 01 the Palm Springs Municipal Code is requirements of the Uniform Durable Power of Altomey Act
g g hereby amended by adding the following new subsections'[ (Article 3, commencing with Section 2475, of Division 3,
llth (4) and (5), before the current subsection (4), and Part 4,Title 9 of the California Civil Code).2.45.120 Health
Dated at Palm Springs,California this--day renumbering each existing subsection (4) through (8) care facility visitations.All health care and psychiatric care
January ! thereafter to (6) through (10), respectively, to reflect the facilities located in the City of Palm Springs,including but
of ,2000 addition of the new subsections (4) and (5), with the not limited to hospitals, convalescent facilities or other'
remaining provisions of Section 2.45.010 being long-term care facilities,shall,allow a domestic partner of
,i•y I unchanged and In full force and effect " 1 paten[to visit the patient unless the applicable votes ofthe
Definitions.For the purpose of this chapter(4)"Domestic
facility prohibit all visitors. ate in t Jail visitation rights.A
Partnership"means two adults who have chosen to share domestic partner of an inmate in the City of Palm Springs
Signature I one another's lives in an Intimate and committed,]ail shall be allowed to visit the Inmate unless (1) the
g relationship of mutual caring and refers to those persons applicable rules prohibit all visliars, or (2) the Police
who have registered as domestic partners pursuant to a Department decides that a particular visitor is a threat to
valid and current Statement of Domestic Partnership on the security of the jail.2.45.140 City applications,licenses
file with the City of Palm Springs under this Chapter 2.45 and permits. Persons registered with the City of Palm
and where all of the fallowing requirements are met: (a) Springs as domestic partners are entitled todile,on behalf
The partnership is between no more than two persons, of their domestic partner, any applications, approvals,
each of whom is eighteen (18) years or older; (b) The licenses or permits that the City allows to be filed for any
persons are not related by blood in a way which would person by that person's spouse.This includes, but Is not
prevent them from being married to each other in the State limited to, all business applications, licenses and permits;
of California;(c)The persons are not married or a.member all health,safety and regulatory applications,licenses and
of another domestic partnership; (d) The persons have permits;and all other municipal applications,licenses,and
agreed to be jointly responsible for their common care,i permits,whatsoever.2.45 150 Civil actions.Any person or
welfare,and basic living expenses in that each partner has entity defrauded by a false representation in a Statement
agreed to provide for the other'panner's basic living of Domestic Partnership, an amendment to such
expenses if the partner is unable to provide for herself or Statement or a Statement of Termination of Domestic
himself;(a)Each of the persons is competent to enter Into Partnership may bring a civil action against either or both
a contract or consent to the domestic partnership;(f)Both partners pursuant to the laws of the State of California to
persons'domicile are in the City of Palm Springs and they recover his, her or its actual losses,damages or injuries
share a common residence,but this does not require that 2.45.160 Reciprocity.The provisions of and the rights and
the legal right to possess the residence he in both names;) benefits accorded by this Chapter 2.45 shall be applicable
(g) Neither person has officially declared to the City of to persons registered as dome off
c partners in any other
Palm Springs that he or she has a different domestic jurisdiction with a comparable domestic partnership
partner nor has previously made and concurrently enactment
5. SEVERABILITY The City Council
maintained such declaraton to any other jurisdiction; declares that, should any provision, section, paragraph,
provided that any such' prior declaration has beeni sentence or word of the ordinance be rendered or declared
terminated,and,further provided that this shall not liar any invalid by any final court action in a court of competem
such concurrent declaration filed with the Secretary of jurisdiction by reason of any,preemptive legislation, the
State of California if such declaration is for the same remaining provisions,sections, paragraphs, sentences oI
partner at the Palm Springs domicile; (h) The persons words of this ordinance as hereby ado led shall remain Ir
have been cohabilaling for a period of at least six (6) full force and effect. Section 6. STATE LAW. This.
months; and (1) The persons will complete, sign under Ordinance is intended to be and shall be interpreted to the
penally of perjury and personally submit to the City Clerk greatest extent possible so as to be consistent with
a statement of domestic partnership In the from prescribed applicable State laws Section 7. REPEAL OF
under this Chapter 2.45(5)"Domicile"shall mean the one CONFLICTING PROVISIONS. All the provisions of the
location the respective'person considers to be his or her Palm Springs Municipal Code, as heretofore adopted bj
most settled and permanent location, the place where he the City of Palm Springs that are In conflict with the
or she Intends to remain and to which,whenever he or she provisions of this ordinance are hereby repealed.Scatter
Is absent, to which he or she has the intention of 8 EFFECTIVE DATE. This ordinance shall take effec
returning." Section 4. Section 2..45 of the Palm Springs thirty(30)days following-passage by the City Council anc
Municipal Code is hereby amended by adding subsections shall supersede any conflicting provision of any City a
2.45.070 through 2.45,180 to read as follows, with the Palm Springs ordinance.Section 9.CERTIFICATION.The
remaining provisions of Section 2 45 being unchanged City Clerk shall certify to the passage of this ordinance anc
and to remain in full force and effect:"2 45 070 Statement shall cause the same to be published according to law
of Domestic Partnership.(a)Domestic partners,who meet ADOPTED this Sth day of January,2000.AYES.Member;
the qualifications,of a Domestic Partnership under this Hodges,Jones, Open, Heller-Spur in, Mayor Kleindiens
Chapter may make an official record of their Domestic NOES:None ABSENT.None ATTESEmw,CITY OF PALN
Partnership under this Chapter may make an official SPRINGS, CALIFORNIA By /s/Patricia A. Sandersmv
record of their Domestic Partnership by completing, /s/William G Kleindienst City Clerkmw Mayor HEVIEWEL
signing and submitting in person to the City Clerk,on the &APPROVED AS TO FORM:City Attorney PUB:Januaq
form prescribed by the City Clerk, a "Statement of 10,2000
Domestic Partnership" stating that they meet the
requirements of this chapter. (b) The Statement shall
establish the location of domicile and be signed by both
partners under penally of perjury, with bath signatures
toeing Polarized.(c)Each domestic partner who submits a