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City Council Meeting 10-17-95
Santa Monica, California
ORDINANCE NUMBER 1821 eCCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 4.60 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH A
DOMESTIC PARTNERSHIP REGISTRY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.60 is hereby added to the Municipal Code
to read as follows:
CHAPTER 4. 60
DOMESTIC PARTNERSHIP REGISTRY
Section 4.60.010. Statement of Policy.
Although domestic partners live in an intimate
and commi tted family relationship, they are
often denied public and pri vate sector
benef its because no mechanism has been
established
for
registering
their
relationship. Consequently, domestic partners
are
often
subject
to
marital
status
discrimination in employment, housing, public
accommodations,
and
hospital
and
jail
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visitation privileges. The purpose of this
Chapter is to create a mechanism for
recognizing the intimate, committed
relationships of domestic partners and thereby
provide a means of eliminating the
discrimination that domestic partners face.
section 4.60.020. Definitions. The
following words or phrases as used in this
Chapter shall have the following meanings:
(a) Affidavit of Domestic partnership.
A document executed by two persons under
penalty of perjury in which they declare that
they are a domestic partnership as defined in
this Chapter. This document shall be provided
by the City.
(b) Basic Living Expenses. The cost of
basic necessities including food and shelter.
The individuals need not contribute equally or
jointly to the cost of these expenses as long
as they agree that both are responsible for
the costs.
(c) Domestic Partner. A person who
shares a domestic partnership wi th another
person.
(d) Domestic Partnership.
ship between two persons in
A relation-
which the
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following is true: (l) the persons live
together (2) the persons share basic living
expenses and agree to be jointly responsible
for these expenses, (3) the persons are not
related by blood closer than would bar
marriage in the state of California, (4)
neither person is married (5) the persons are
eighteen (18) years of age or older, (6) the
persons are each other's sole domestic partner
and intend to remain so indefinitely, (7) the
persons have an intimate, commi tted
relationship of mutual caring, (8) the persons
have completed and executed an "Affidavit of
Domestic Partnership" which is currently on
file with the Clerk's Office and this
Affidavit has not been revoked and (9) neither
person has had a different domestic partner in
the six months prior to executing the
"Aff idavi t of Domestic Partnership, II unless
the termination of the previous domestic
partnership was due to the death of a domestic
partner.
(e) Jointly Responsible. Each domestic
partner agrees to provide for the other's
basic living expenses while the domestic
partnership is in effect. The partners need
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not contribute equally or jointly to basic
living expenses. A landlord who is owed basic
living expenses can enforce the domestic
partners' agreement.
(f) Live Together. Two people share the
same principal place of residence and intend
to do so indefinitely. It is not necessary
that the legal right to possess this residence
be in both of their names. One or both of the
people may have additional living quarters.
Section ".60.030. Records of Domestic
partnership and Filing Fees.
(a) Affidavit of Domestic partnership.
An Affidavit of Domestic Partnership must be
filed with the Clerk's Office to establish the
domestic partnership.
(b) Amendment to Affidavit. A domestic
partner may amend an Affidavit of Domestic
Partnership filed with the City Clerk at any
time to show a change of his or her mailing
address or to show a change in the principal
place of residence of the domestic partners.
(c) Revocation of Domestic partnership.
When a domestic partnership has ended, other
than by death of one of the domestic partners,
one or both of the partners shall file a
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"Notice of Revocation of Domestic Partnership"
with the City Clerk's Office on a form
prepared by the city.
(d) Maintenance of City Clerk's Records.
The City Clerk shall keep a record of all
affidavits, amendments, and revocations. The
records shall be maintained so that amendments
and revocations are filed with the affidavit
to which they apply.
(e) Filing Fees.
1. The City Clerk shall charge a
separate fee for filing an Affidavit of
Domestic Partnership, a Notice of Revocation
of Domestic Partnership, and an amendment to
an Aff idavi t of Domestic Partnership. The
amount of these fees shall be determined by
resolution of the City Council.
2. PaYment of a filing fee entitles the
person filing an Affidavit of Domestic
Partnership, a Notice Of Revocation of
Domestic Partnership, or an amendment to have
two (2) copies of the filed document certified
by the city Clerk. Certif ication of
additional copies shall cost an additional
amount per copy to be determined by resolution
of the City Council.
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SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
This Ordinance shall become
APPROVED AS TO FORM:
~ G 11%<<L4 YLuu ~
MARSHA J~;;jjJvMOUTRIE
City Attorney
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Mayor
State ofCahforma )
County of Los Angeles) ss
CIty of Santa Momca )
I, Mana M Stewart, City Clerk of the CIty of Santa MOlllCa, do hereby certify that the foregoing
Ordmance No 1821 (CCS) had Its first readmg on October 10. 1995 and had Its second readmg
on October 17. 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
'--
~~-~
City Clerk '
PROOF OF PUBLlATION
(2015.5 C.C. P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or Interested in the above..entitled matter. I
am the principal clerk of the printer of the
THE OUTLOOK
................ .. .... .... ......... ............. ...., ...........
a newspaper of general circulation, printed
and published .~~~ltx.Jr~~t:.J?x.f?Jl,.n?A.x.
in the City of . ~.T^. ,.'9HJQA............
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of.!~~.~~ 19 .~~.,
Case Number ..;n~.~l~.....i that the notice,
of which the annexed is a printed copy (set
1M type not smaller than nonparel!), has
been published In each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit:
OCT 28
............ ...... till..... II'. ........ ..... I"" I. ...............
all in the year 19. ..~~.
I certify (or declare) under penalty of
pe'l ury that the foregoing IS true and
correct
Oat at... ~~~1'~. !.f.9.~.If."'.................
Ilofia, th is...?-.~... ".Y 01 j9JL 19.'! ~..
... ~)4I.J1i......
".. COptes of thtllJllnk form mly De ,.0. from'
CALIFORNIA NEWSPAPER SERVICE
BU REAU, INC.
Legal Advertismg Clearing House
p 0 Bo)( 3 1
Los Angeles CA 90053 Telephone 625-2541
Pltne rtQUe5t GENE II:AL Pfootof PulIl,uflOn
w"tn ord.rt", tI", form
This space is for the .nty Clerk's Filing Stamp
Proof of Publication of
...........1..........~4~...4.....1....'1..~..............
......__.a._..a..........~........~__._.......~...........
EO 10.154 .
Clty of Santa MolUCa
Ordinance Number 1821 (CCS) ~
(CIty COuneIl Seriel!)
AN ORDINANCE OF THE CITY ConJl.!'nn 011' 1lIE CITY ..
OF SANTA MONICA ADDINO crQ;.~ 4.10 T() 'I'HK
8ANTA MONIc..\ MUNICIPAL CODa TO ESTABLISH A ~
DOMQ'J'IC PARTNERSIUP -a&msTRY
The folloWmg II a 4Wllawy- of Ordmanee Numbet 1821 (COS) prepared by the :
Office of the CIty Attorney
Ordmance Number 1821 (CCS) (the "OrdmanceH) adds Chapter 460, entItled
"Domestl.c Partnership Regqtry," to the Santa Morua MumClpal Code The followmg
SectIOD1l are COJItamed In the new Chapter
(l) Section 460.010, "Statement of PolICY" Tlus Sect10n states. that domestic part.
ners, whHe IivlI1g lD mtunate and committed family relatlOntlhlptl, are often denied
public and pnv.ate sector benefit! because no mechllIllSm has been IllltabhBbed for reg-
1t!tenng then- relauol1llh1p DomeatJc partners are often subject to manta! 6tatus d1s-
cnmmation In employment, hoUtllng, publIC acoommodatlDl18, and hotlpltel and Jll1l VISI-
tation pnvlleget! The purpoIl6 of the Chapter IS to create a mechalll!lIn fur recognlzmg
the relatiDl18IDps of dometlbc pilrtners and to ~hereby ptOVlde . means of ehmmatmg
the dl6C1"lmmataon that domestic partners face
(2) Section 4 60 020, "DefiDltions W ThIS SectIOn defines the follOWing words or
phr_ "affidllYlt of domeetlc partnenlnp," "basiC hYIng expenses," "domlllltlc partner,
"domestle partnenmp," "JllllltJ,y Nllpomnble, H IInd "hw together" _ "_
(3) Section 4 60 030, "Recorda of DomestIC Partnerslup and Filing F_" Tms See,
Mn reqUIres that an AffidaVlt- of DomestiC Partnenmp be filed With the CIty Clerk'I'
off'J.Ce to establish the dome&tlc partnel'llhlp Amendments to the Affidavtt may be filed
at any tune With the City Clerk to reflect a change m mll1hng addreu or m the prlnci-- _
pel place of realdence ot the dollUlstlC partners [f a domesb.c partnership ends, othw':
than by death of one of the pertnen, one or both of the pwtnen are reqUIl'9d t<l me a.
Notice of RevocatIOn of Domsst1c Partnllrshlp With the City Clerk A I19parate f8f1j-
which will be determined by l'IIICI1utJon of the City CoullCll, will be charged for the
Aff'HIaVJ.t, tIIIy amendment to the AtlldaVlt, and the NotIOIl of Revocation. Each fee Will;
entitle the pel'8On filmg the document to two certlfiad ~ of the document The.-
City Clerk Itl reqwred to mamtam files on all domBlltlc partnerwps
Ordmance Number 1821 (CCSl was adnpted on October 17, 199/1, and shall becorne.--
effective 30 days from it! adoption --. -
I, Maria M Stewart, CIty Clerk, do hereby certIfy that Ordinance Number 182i.
(CCS) had Ita fU'8t readmg on Oct;ober 10, 1995. and had Its III!eOnd reachng on Octo-
ber 17, 1996, and was passed by the follOWing vote '
A,yetl Council members Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Ro~eIl8tein
Nootl CounCll memben None
Abetam CounCll memben- None
Absent Counell membeni ~one . j-
;'8'MARIA M STEWART
City Clerk
The full text of the aoow Ordmance ]s avwlable upon request from the office of the -
City Clerk, located at 1685 Main Street, Room 102, Santa MODICa. phone (31m
458-8211 '
Pub October ~ 1995 .