§ 94-131. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Declaration of domestic partnership means a form provided by the city business license office in which two people agree to be jointly responsible for the necessities of life incurred during the domestic partnership and that all qualifications for domestic partnership are met when the declaration is signed. The form will require both partners to provide reasonable proof of their primary, regular and permanent residence address. The form must be signed under penalty of perjury and must be witnessed and notarized. The business license office shall, within 30 days of the effective date of this article (June 29, 1993), make such forms available. To help defray costs associated with the providing and filing of these forms, the business license office is authorized to charge a fee as set forth in section 94-134 for each completed form.

Domestic partnership means two people of the opposite or same gender who live together in the mutual interdependence of a single home and have signed a declaration of domestic partnership in which they attest that:

(1)

They share the same primary, regular and permanent residence and have lived together for the previous six months (documentation must be submitted verifying joint residency);

(2)

They have a committed personal relationship with each other that is mutually interdependent and intended to be lifelong;

(3)

They agree to be jointly obligated and responsible for the necessities of life for each other;

(4)

They are not married to anyone or legally separated from anyone;

(5)

They are 18 years of age or older;

(6)

They are competent to enter into a contract;

(7)

They are not related by blood closer than would bar marriage in the state;

(8)

They are each other's sole domestic partner;

(9)

They agree to file a termination of domestic partnership within 30 days if any of the facts set out in this definition change; and

(10)

Any prior domestic partnership in which their domestic partner participated with a third party was terminated not less than six months prior to the date of such affidavit, and, if such earlier domestic partnership had been acknowledged under provisions of this section, that notice of termination of such earlier domestic partnership was provided to the city in writing to the business license division of the department of finance not less than six months prior to the date of said affidavit. If the prior domestic partnership was terminated by the death of the partner, there shall be no waiting period.

Live together means that two people claiming domestic partnership status share the same primary, regular and permanent residence. It is not necessary that the legal right to possess the residence be in both names. Domestic partners do not cease to live together if one leaves the shared residence for a period not to exceed one year, but intends to return. Whether the relationship between these two people is or is not sexual is in no way relevant for the purposes of determining eligibility under this article.

Necessities of life means the cost of basic food, shelter, clothing and medical care. The individuals need not contribute equally or jointly to the cost of these expenses as long as they agree that both are responsible and obligated for the cost.

(Code 1977, § 14-13001; Ord. No. 2000-79, § 1, 12-12-00)

Cross reference

Definitions generally, § 1-2.