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HomeMy WebLinkAbout1578 - ORDINANCES - 1/5/2000 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 Commission 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 country 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 Palm 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 seg.). 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: 276/014084-0001 27428.01 PM99 Ord. No. 1578 Page 2 "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 free from all forms of arbitrary discrimination as that tern 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 common 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 276/014084-0001 27429.01 PM99 Ord. No. 1578 Page 3 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 returning." 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 under 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 amended 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� partnership by jointly or unilaterally completing, signing under penalty of perjury ,/ NO and submitting in person to the City Clerk a Statement of Termination of Domestic Partnership in the form prescribed by the City Clerk. 276/014084-0001 27428 01 PM99 Ord, No. 1578 Page 4 (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 deeined 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 Termination 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; Notary. 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 sera.) 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, commencing with Section 2475, of Division 3, Part, 4, Title 9 of the California Civil Code). 276/014084-0001 27428.01 PM99 Ord. No. 1578 Page 5 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 inmate 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 Palm 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 permits; 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 1 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 Palm 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' 276/0140840001 2742&01 PM99 Ord. No. 1578 Page 5 d� 5th January 2000 % ADOPTED this day of , }(3(A9C AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRRNIGS, CALIFORNIA , By City Clerk Mayor REVIEWED & APPROVED AS TO FORM: City A%o ey I HEREBY CERTIFY THAT Ordinance 1578 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 5th day of January, 2000, and that same was published in the DESERT SUN, a news- paper of general circulation on January 1.1, 2000. �P- icia A. Sanders City Clerk 276/014084-0001 27428.01 PM99