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HomeMy WebLinkAbout2398-11 - ADMIN Ordinance - City Council - 2011/01/18ORDINANCE NO. 2398-11 AN ORDINANCE ADDING CHAPTER 5 TO THE ST LOUIS PARK CITY CODE CONCERNING DOMESTIC PARTNERS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The City of St. Louis Park Code of Ordinances is hereby amended by adding the following Chapter 5 to read as follows: Chapter 5 DOMESTIC PARTNERSHIP Sec. 5.01 Purpose. The City of St. Louis Park authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in St. Louis Park and who share a life and home together may document their relationship. St. Louis Park's Domestic Partnership ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to married couples under state or federal law. The City of St. Louis Park cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including but not limited to: wills, medical matters, finances and powers of attorney, children and dependents, health care and employment benefits. Sec. 5.02 Definitions. The following words and phrases used in this Code have the meanings given in this Section. Domestic Partner. Any two adults who meet all the following: 1. Are not related by blood closer than permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. 8. At least one of whom resides in St. Louis Park or is employed in St. Louis Park. Domestic Partnership. The term "domestic partnership" shall include, upon production of valid, government -issued documentation, in addition to domesticpartnerships registered with the City of St. Louis Park, and regardless of whether partners in either circumstance have sought further registration with the City of St. Louis Park: A. Any persons who have a currently -registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status. Ordinance No. 2398-11 -2- B. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. Sec. 5.03 Registration of Domestic Partnerships. A. The City Clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. B. The City Clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this Section shall be in the amount set forth in Appendix A of this Code. C. The City Clerk shall provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. D. This application and certificate may be used as evidence of the existence of a domestic partner relationship. E. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. F. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. Sec. 5.04 Amendments. The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments which would replace one of the registered partners with another individual. Sec. 5.05 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: 1. One of the partners dies; or 2. Forty-five days after one partner sends the other partner a written notice of termination and that he or she has terminated the partnership by filing a notice with the City Clerk. Sec. 5.06 Homestead Designation. Eligibility for the designation of property as a homestead, the application process and the verification process are set forth in State Statutes. In administering the state homestead statutes the City will not impose any additional requirements on domestic partners. • • • • • • Ordinance No. 2398-11 -3- Sec. 5.07 Fees If the City of St. Louis Park offers a family fee, family membership or family registration, domestic partners are entitled to the same family fee, family membership or family registration. Sec. 5.08 Employment with the City City of St Louis Park will include domestic partner in the definition of family as it relates to Employment with the City. Domestic Partner will be afforded the same opportunities as it relates to employment for the city as allowed by law. SECTION 2. Appendix A Fee Schedule of the City of St. Louis Park Code of Ordinances is hereby amended by adding the following: CITY CLERK'S OFFICE Domestic Partnerships Registration Registration Application Fee $50 Amendment to Application $25 Termination of Registration $25 SECTION 3. This ordinance shall be deemed adopted and take effect fifteen days after its publication. ENACTED this 18th day of January, 2011, by the City Council of the City of St. Louis Park. Public Hearing/First Reading January 3, 2011 Second Reading January 18, 2011 Summary Ordinance Published January 27, 2011 Ordinance takes effect February 11, 2011 ,(. �r Administration: i 1111 Waal Cit Attest: City Clerk i Ado e City Council January 18, 2011 May Approvdd as)to form and execution: City Alto, e el newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 27 day of January 2011, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of 2011, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice • gklmnopgrstuvwxyz BY CFO Subscribed and sworn to or affirmed before me on this 27 day of January , 2011 ,e0,4„ Notary Public DIANE L ELIASON � NO1nRY PUBLIC MINNESOTA rly Comm L-ximrs 110 11 2015 0 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2398-11 AN ORDINANCE ADDING CHAPTER 5 TO THE ST LOUIS PARK CITY CODE CONCERNING DOMESTIC PARTNERS This ordinance will add Chapter 5 Do- mestic Partnership provisions for the City of St Louis Park to provide a Domestic Partner Voluntary Registration Program This ordinance shall take effect February 11, 2011 Adopted by the City Council January 18, 2011 /s/Jeffrey W Jacobs, Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (Jan 27, 2011) A3 Ord #2398-11