West Palm Beach |
Code of Ordinances |
Chapter 42. HUMAN RELATIONS |
Article III. REGISTERED DOMESTIC PARTNERSHIPS |
§ 42-48. Registration, amendment, termination and administration procedures.
(a)
Registration.
(1)
Declaration of registered domestic partnership. A declaration of registered domestic partnership shall be filed with the city clerk's office and shall contain the names and addresses of the applicants who shall swear or affirm under penalty of perjury that each partner:
a.
Is at least 18 years old and competent to contract;
b.
Is not married to or a member of another registered domestic partnership or civil union with anyone other than the co-applicant;
c.
Agrees to share the common necessities of life and to be responsible for each other's welfare;
d.
Shares his or her primary residence with the other;
e.
Considers himself or herself to be a member of the immediate family of the other partner;
f.
Agrees to immediately notify the city clerk's office, in writing, of any change in the status of the registered domestic partnership; and
g.
Agrees to mutually support the other by contributing in some fashion, not necessarily equally, to maintain and support the registered domestic partnership.
(2)
Each partner agrees to immediately notify the city clerk's office, in writing, if the terms of the registered domestic partnership are no longer applicable or one of the domestic partners wishes to terminate the domestic partnership.
(b)
Amendment. A registered domestic partner may amend a registered domestic partnership previously filed with the city clerk to show a change in his or her household address or to add or delete dependents. Amendments shall be signed by both members of the registered domestic partnership under penalty of perjury.
(c)
Termination.
(1)
Termination statement. A registered domestic partner may terminate the registered domestic partnership by filing a termination statement with the city clerk's office. The person filing the termination statement shall swear or affirm under penalty of perjury that:
a.
The registered domestic partnership is to be terminated; and
b.
If the termination statement is not signed by both registered domestic partners, a copy of the termination statement shall be served, by certified or registered mail, on the other registered domestic partner, and proof of service shall be filed with the city clerk's office.
(2)
Effective date. The termination shall become effective on the date of filing of the termination statement signed by both registered domestic partners or if the termination statement is not signed by both parties, on the date proof of service is filed with the city clerk's office pursuant to subsection (c)(1)b. above.
(3)
Automatic termination. A registered domestic partnership shall automatically terminate upon the following events:
a.
One of the domestic partners marries;
b.
One of the domestic partners dies; or
c.
One of the domestic partners enters into a civil union with someone other than his or her registered domestic partner.
(d)
Administration.
(1)
Forms. The city clerk's office shall provide forms for the establishment, amendment, and termination of registered domestic partnerships.
(2)
Certificate of registered domestic partnership. The city clerk's office shall issue to the registered domestic partners a certificate of registered domestic partnership no later than ten business days after the declaration of registered domestic partnership is filed.
(3)
Maintain records. The city clerk's office shall maintain copies of the declaration of registered domestic partnerships, any and all amendments thereto, certificates of registered domestic partnership, and termination statements filed by registered domestic partners.
(4)
Fees. The fee for registering the declaration of registered domestic partnership shall be established by resolution of the city commission, which shall cover all costs of registration. The fee for amending or terminating the declaration of registered domestic partnership shall also be established by resolution of the city commission, which shall cover all costs of amendment or termination of the registered domestic partnership.
(Ord. No. 3838-05, § 1, 2-14-2005)