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Municipal Code, Complete - City of Santa Barbara

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Chapter 9.135<br />

REGISTRATION OF DOMESTIC PARTNERSHIPS<br />

Section:<br />

9.135.010 Registration <strong>of</strong> Domestic Partnerships with the <strong>City</strong> Clerk.<br />

9.135.010 Registration <strong>of</strong> Domestic Partnerships with the <strong>City</strong> Clerk.<br />

A. Domestic Partnership Defined; <strong>City</strong> Clerk Registration. Two persons may declare that a "Domestic<br />

Partnership" exists between them regardless <strong>of</strong> their gender, and each <strong>of</strong> them shall be the "domestic partner" <strong>of</strong> the<br />

other if they both complete, sign, and cause to be filed with the <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> an "Affidavit <strong>of</strong> Domestic<br />

Partnership" attesting to the following:<br />

1. The two parties reside together and share the common necessities <strong>of</strong> life.<br />

2. The two parties are not married to anyone.<br />

3. The two parties are at least eighteen (18) years <strong>of</strong> age or older.<br />

4. The two parties are not related by blood so close as to bar marriage in the State <strong>of</strong> California and are<br />

mentally competent to consent to contract.<br />

5. The two parties are each other's sole domestic partner and intend to remain so indefinitely and are<br />

responsible for their common welfare.<br />

6. The two parties agree to file a Statement <strong>of</strong> Termination <strong>of</strong> Domestic Partnership with the <strong>City</strong> Clerk if<br />

any <strong>of</strong> the declarations <strong>of</strong> the Affidavit <strong>of</strong> Domestic Partnership cease to be true.<br />

7. The two parties understand that the registration <strong>of</strong> the Affidavit <strong>of</strong> Domestic Partnership with the <strong>City</strong><br />

Clerk constitutes a filing <strong>of</strong> a domestic partnership <strong>of</strong> continuous duration until either <strong>of</strong> the parties files a Statement<br />

<strong>of</strong> Termination or upon the death <strong>of</strong> either <strong>of</strong> the parties.<br />

8. Neither <strong>of</strong> the parties has filed a Statement <strong>of</strong> Termination within the previous six (6) months.<br />

9. The two parties understand that they are solely responsible for any and all statements made in an<br />

Affidavit <strong>of</strong> Domestic Partnership, and for any losses or damages caused thereby, and that they will hold the <strong>City</strong> <strong>of</strong><br />

<strong>Santa</strong> <strong>Barbara</strong> harmless from any liability arising out <strong>of</strong> or relating to any Affidavit <strong>of</strong> Domestic Partnership that is<br />

filed with the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong>.<br />

B. Termination <strong>of</strong> a Domestic Partnership. A member <strong>of</strong> a domestic partnership may end said relationship<br />

by filing a Statement <strong>of</strong> Termination <strong>of</strong> Domestic Partnership with the <strong>City</strong> Clerk. In the Statement <strong>of</strong> Termination,<br />

the individual will be required to affirm under penalty <strong>of</strong> perjury that the partnership is terminated. In case <strong>of</strong> the<br />

death <strong>of</strong> either party to a Domestic Partnership, a Statement <strong>of</strong> Termination is not required to be filed.<br />

C. Filing <strong>of</strong> Subsequent Affidavits <strong>of</strong> Domestic Partner Relationship. No individual who has filed an<br />

Affidavit <strong>of</strong> Domestic Partnership may file another such Affidavit until one hundred eighty (180) days after a<br />

Statement <strong>of</strong> Termination <strong>of</strong> Domestic Partnership terminating the previous partnership has been filed with the <strong>City</strong><br />

Clerk.<br />

D. Reciprocity with Other Communities. Upon written request, the <strong>City</strong> Clerk shall confirm the registration<br />

<strong>of</strong> a domestic partnership registered in another community pursuant to the applicable regulations <strong>of</strong> that community<br />

and issue a <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> Certificate <strong>of</strong> Domestic Partnership for the same individuals. A lesser fee shall be<br />

charged for such a Certificate in an amount established by resolution <strong>of</strong> the <strong>City</strong> Council.<br />

E. Administrative Procedures and Fees. The <strong>City</strong> Council shall adopt administrative procedures for the<br />

processing <strong>of</strong> domestic partner relationship certificates by the <strong>City</strong> Clerk's <strong>of</strong>fice and establishing the fees applicable<br />

to such registrations by resolution <strong>of</strong> the Council.<br />

F. No Cause <strong>of</strong> Action. This Chapter is not intended to create any private or public cause <strong>of</strong> action for any<br />

person or entity.<br />

(Ord. 5012, 1997.)<br />

227-6 rev. 6/30/07

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