Laguna Beach Municipal Code Ch. 1.12 Domestic Partnerships

(a) A "domestic partnership" shall be deemed to exist between two adult persons if all of the following requirements are satisfied:

(1) The persons are not related by blood closer than would bar marriage in the state of California;

(2) The persons share the common necessities of life;

(3) Each of the persons is eighteen years old or older;

(4) Each of the persons is competent to enter into a contract;

(5) The persons are each other's sole domestic partner;

(6) The persons are jointly responsible for their common care, welfare and basic living expenses;

(7) Each of the persons has agreed to notify the city of any change in the status of their domestic partnership;

(8) Neither person has declared that he or she has a different domestic partner; and

(9) The persons have completed, signed under penalty of perjury and personally submitted by both partners to the city clerk a statement of domestic partnership in the form prescribed by the city. The domestic partnership statement shall include the date on which the persons became each other's domestic partners and the mailing address of the partners.

(b) An amended domestic partnership statement in the form prescribed by the city may be submitted at any time in order to reflect a change in address of the partners.

(c) No domestic partnership statement or amendment thereto shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter.

(d) No domestic partnership statement or amendment thereto shall be accepted by the city clerk unless accompanied by payment of the filing fee established by resolution of the city council.

(Ord. 1230 § 1, 1992)

(a) A domestic partnership shall be deemed terminated upon the filing of a termination statement.

(b) Any member of a domestic partnership may terminate the domestic partnership by completing, signing under penalty of perjury and submitting to the city clerk a termination statement in the form prescribed by the city. Submittal of a termination statement shall be accompanied by proof of prior mailing of said statement to the other member of the domestic partnership.

(c) No person who has filed a domestic partnership statement may file another such statement within six months after the submittal of a termination statement of a previous domestic partnership.

(d) No termination statement shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter.

(e) No termination statement shall be accepted by the city clerk unless accompanied by payment of the filing fee established by resolution of the city council.

(Ord. 1230 § 1, 1992)

The city council shall maintain adequate records of domestic partnership statements, amendments to domestic partnership statements, and domestic partnership termination statements.

(Ord. 1230 § 1, 1992)

(a) A domestic partnership statement may, at the election of the partners, encompass or incorporate a durable power of attorney for health care, provided that the statement complies with the requirements of the Keene Health Care Agent Act (Chapter 4 (commencing with Section 2500) of Division 3, Part 4, Title 9 of the California Civil Code) or Section 2430 et seq. of the California Civil Code.

(b) A domestic partnership statement also may, at the election of the partners, encompass or incorporate a durable power of attorney for any other authorized purposes, including, but not limited to, the disposition of personal effects at the time of death, provided that the statement complies with the requirements of the Uniform Durable Power of Attorney Act (Article 3 (commencing with Section 2400) of Division 3, Part 4, Title 9, Chapter 2 of the California Civil Code) or the Uniform Statutory Form Power of Attorney Act (Chapter 3.5 (commencing with Section 2475) of Division 3, Part 4, Title 9 of the California Civil Code).

(Ord. 1230 § 1, 1992)

Any person or entity defrauded by a false representation in a domestic partnership statement, an amendment to a domestic partnership statement or a domestic partnership termination statement may bring a civil action against either or both partners for fraud to recover his, her or its actual losses, damages or injuries.

(Ord. 1230 § 1, 1992)

This chapter is not intended to make the California Uniform Partnership Act (Corporations Code Section 15001 et seq.) applicable to domestic partnerships.

(Ord. 1230 § 1, 1992)

All health care facilities located in the city, including, but not limited to, hospitals, convalescent facilities or other long-term care facilities, shall allow a domestic partner of a patient to visit the patient unless the applicable rules of the facility prohibit all visitors.

(Ord. 1230 § 1, 1992)

A domestic partnership of an inmate in the city jail shall be allowed to visit the inmate unless (a) the application rules prohibit all visitors, or (b) the police department decides that a particular visitor is a threat to the security of the jail.

(Ord. 1230 § 1, 1992)