(a) Domestic Partnership Criteria.
(1) Domestic Partnership. To establish a domestic partnership, both individuals must file a Declaration of Domestic Partnership with the Village, affirming that they meet all of the following qualifications:
A. Both individuals share a common residence;
B. Both individuals affirm that they have an intimate relationship and share responsibility for each other's common welfare;
C. Neither individual is married to any third party;
D. Neither individual is part of an existing domestic partnership with any third party;
E. Each individual is 18 years of age or older; and
F. The individuals are not related to one another by blood.
(b) Filing.
(1) Filing Location. Two individuals seeking to become domestic partners must complete and file a Declaration of Domestic Partnership with the Village Manager.
(2) Filing Prohibition. No individual who has previously filed a Declaration of Domestic Partnership in the Village may file a new Declaration of Domestic Partnership until a Notice of Termination of Domestic Partnership has been filed with the Village, However, this prohibition shall not apply if the previous domestic partnership ended because one of the domestic partners is deceased.
(c) Registration.
(1) Registration Forms. The Village Manager shall develop “Declaration of Domestic Partnership” and “Notice of Termination of Domestic Partnership” forms, and shall not add to or alter the requirements listed in Section 632.03(a).
(2) Registration Requirements. The “Declaration of Domestic Partnership” form shall require each registrant to:
A. Affirm that he or she meets the requirements of Section 632.03(a) of this chapter;
B. Provide a mailing address;
C. Sign the form under penalty of perjury; and
D. Have a notary public acknowledge his or her signature.
(3) Availability of Forms. The Village shall have declaration and termination forms available at the Village Manager’s office.
(4) Administrative Fee. The Village shall charge an administrative fee of twenty-five dollars ($25.00) to persons filing a Declaration of Domestic Partnership. No fee shall be charged for the filing of a Notice of Termination of Domestic Partnership.
(5) Partnership Registration. The Village shall register the Declaration of Domestic Partnership in a registry and return a copy of the declaration form to the domestic partners at the address provided as their common residence.
(6) Termination Registration. The Village shall register the Notice of Termination of Domestic Partnership pursuant to the requirements set forth in Section 632.03(d) of this chapter.
(d) Termination.
(1) Termination. A domestic partnership ends when:
A. One of the domestic partners dies; or
B. A Notice of Termination of Domestic Partnership has been filed by one or both domestic partners with the Village.
(2) Notice of Termination. If the facts affirmed in the Declaration of Domestic Partnership cease to be true, one or both parties to a domestic partnership shall file a Notice of Termination of Domestic Partnership with the Village Manager’s office. Upon receipt, the Village shall return a copy of the notice marked “filed” to each of the partners, if jointly filed; or two copies to the filing partner. Unless the partners jointly file the notice, the partner filing the notice shall, within five days, send a copy of the filed notice to the other partner's last known address. However, this requirement shall not apply if the termination is due to the death of one of the domestic partners.
(3) Effective Termination Date. Termination of a domestic partnership shall be effective upon filing of the Notice of Termination of Domestic Partnership with the Village by one or both partners, or on the date of the death of one of the domestic partners.
(4) Notice to Third Parties. Following the termination of a domestic partnership, each former domestic partner who has received or qualified for any benefit or right based upon the existence of a domestic partnership and whose receipt of that benefit or enjoyment of that right has not otherwise terminated, shall give prompt notification to any third party who provides such benefit or right that the domestic partnership has terminated.
(5) Failure to Give Notice. Failure to provide notice to third parties as prescribed in this section shall not delay or prevent the termination of the domestic partnership.
(e) Legal Effect.
(1) Registering as domestic partners by two individuals who are also married to one other, in this or in another state, shall under no circumstances, be considered as evidence, knowledge, awareness, or an admission that the partners are not lawfully married and it shall not be given any other legal effect, in this or any other state, with regard to whether the persons are lawfully married.
(2) Nothing in this chapter shall be interpreted to alter or contravene County, State or Federal law.
(3) Nothing in this chapter shall be construed as recognizing or treating a Declaration of Domestic Partnership as a marriage or a legal status that intends to approximate the design, qualities, significance or effect of marriage.
(4) The Village shall not recognize more than one domestic partnership in a residence located in a Single-Dwelling Residential District (RS).
(f) Severability. If any section, subsection, clause or provision of this chapter is held invalid, the remainder shall not be affected by such invalidity.
(Ord. 2009-14. Passed 9-21-09.)