Richmond Municipal Code Ch. 2.64 Municipal Identification Cards

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Editor's note— Ord. No. 16-11 N.S., § 5, adopted July 19, 2011, provides that this ordinance shall not become effective, and the Municipal Identification Card program described herein shall not be implemented, unless and until the Finance Director—after selection of a Third Party Administrator and thorough review of the Administrator's implementation plan—certifies to the City Council that the implementation and administration of the Program will be operated at no net cost to the City or any of its divisions, subdivisions, or agencies. This ordinance shall become effective immediately upon Council acceptance of the Finance Director's findings. The City Council may approve the contract with the Third Party Administrator at the same meeting at which the Finance Director certifies that the program will be cost-neutral for the City.

For purposes of Sections 2.64.010 through 2.64.090, the following definitions shall apply.

"City" shall mean the City of Richmond, or any department, board, commission or agency thereof.

"Municipal Identification Card" shall mean an identification card issued by the City of Richmond that shall display, including but not limited to, the cardholder's name, photograph, address, date of birth, and an expiration date.

"Program Administrator" shall mean the City Manager or such other City Department or Agency that the City Manager may designate, who shall be responsible for coordinating with the Third Party Administrator selected to implement and administer the Municipal Identification Card program.

"Resident" shall mean a person who can demonstrate that he or she has been present in the City of Richmond for at least fifteen continuous days and who presents "proof of residency" as specified in Section 2.64.030(A)(2).

"Third Party Administrator" shall mean the vendor selected through an expedited Request for Qualifications ("RFQ") issued by the City Manager to implement and administer the Municipal Identification Card program at no net cost to the City, its divisions, subdivisions, or agencies.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

A. Upon request, the Program Administrator shall issue a Municipal Identification Card to any resident who meets the application requirements set forth below in Section 2.64.030 and pays the applicable fee. The card shall bear the seal of the City, and the Program Administrator shall cause the card to be produced in a form intended to thwart replication or counterfeiting. Cards shall be valid for a maximum of two years from the date of issuance as long as residence in the City is maintained during that time. Card holders shall surrender their Municipal Identification Card upon moving residence out of the City of Richmond.

B. It is the City's intent that Municipal Identification Cards will provide residents with a means of proving their residency in the City of Richmond, for the purpose of accessing City programs, services and activities, as well as helping to substantiate their identity to law enforcement personnel.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

A. To obtain a Municipal Identification Card, a resident shall complete an application, under penalty of perjury, requiring proof of identity and proof of residence within the City. Upon receipt of both the proof of identity and residency that this section specifies, and of the applicable fee, the Program Administrator or his or her designee shall issue a card to the applicant.

1. Proof of Identity. To establish identity, each applicant must present either:

a. One of the following documents containing both the applicant's photograph and date of birth: a U.S. or foreign passport; a driver[s] license issued by any state or territory of the United States; a state identification card issued by any state or territory of the United States; a U.S. Permanent Resident Card (commonly known as "Green Card"); a consular identification ("CID," in some instances referred to as a "Matricula Consular") card; or a photo identification card issued by another country to its citizens or nationals that meets the following requirements:

i. The issuing country authorizes the use of the card as an alternative to a passport for re-entry into the issuing country; and

ii. The card has a photograph of the person and the person's date of birth; and

iii. The card meets standards established by the Program Administrator to ensure that (1) the applicant was required to provide reliable identifying information in order to obtain the card; and (2) the card has features reasonably designed to protect against fraud and counterfeit reproduction.

In determining whether the identification meets these requirements, the Program Administrator or his or her designee may use standards adopted by the National Notary Association or the California Association of Notaries for this purpose.

Notwithstanding the above, if the applicant is thirteen years of age or younger, he or she may present a certified copy of a U.S. or foreign birth certificate to establish identity under this subsection; or

b. Two of the following documents, provided that at least one form of identification shall display the applicant's photograph and date of birth: a national identification card with photo, name address, date of birth, and expiration date; a foreign driver's license; a U.S. or foreign military identification card; a current visa issued by a government agency; a U.S. Individual Taxpayer Identification Number (ITIN) authorization letter; an identification card issued by a California educational institution, including elementary, middle, secondary, and post-secondary schools; a certified copy of a U.S. or foreign birth certificate; a court order issued by a state or federal court to verify a person's identity; or a Social Security card. Notwithstanding the above, where the applicant is age thirteen or under, he or she may present an official medical record and/or official school record to establish identity under this subsection, provided that at least one of the two forms of identification presented shall display the applicant's date of birth.

2. Proof of Residence.

a. To establish residency, each applicant must present one of the following items, provided that the item includes both the applicant's name and a residential address located within the City; a utility bill dated within the last thirty days; a written verification confirming at least fifteen days residency within the last thirty days issued by a homeless shelter that: (a) is operated by the State or County, (b) holds a business license with the City of Richmond, or (c) meets criteria established by the City Manager by regulation; written verification issued by a hospital health clinic, or social services agency that: (a) is operated by the State or County, (b) holds a business license with the City of Richmond, or (c) meets criteria established by the City Manager by regulation; a local property tax statement or mortgage payment receipt dated within the last thirty days; proof of a minor currently enrolled in a school in the City of Richmond; an employment pay stub dated within the last thirty days; a jury summons or court order issued by a state or federal court dated within the last thirty days; a federal or state income tax or refund statement dated within the last thirty days; or an insurance bill (homeowner's, renter's, health, life or automobile insurance) dated within the last thirty days. If a certified copy of a marriage certificate is presented at the time of application, and applicant may prove residency using documents bearing the name of his or her spouse.

b. The Program Administrator may by regulation provide that if an applicant is thirteen years of age or younger, cannot produce any of the items set forth in this subsection (A)(2) to prove residency, a parent or legal guardian may verify the applicant's residency, provided that the parent or guardian would be eligible for a Municipal Identification Card.

3. The Program Administrator may by regulation provide for acceptance of additional form of proof of identity and/or proof of residency, provided that the Program Administrator determines that such forms of proof are:

a. Issued by a government entity; or

b. Issued by an entity that takes reasonable steps to verify the identity and/or residency of the individual to whom the item is issued; or

c. Of a type that is normally accepted as proof of identity and/or proof of residency in the ordinary course of business.

B. An application submitted on behalf of a minor must be completed by the minor's parent or legal guardian.

C. The City shall keep confidential to the maximum extent permitted by applicable laws, the name and other identifying information of persons applying for and receiving Municipal Identification Cards. The City shall cause the applications to be produced in a form that allows applicants to state their privacy preferences. The City shall not retain records of applicants' residential addresses.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

The Program Administrator or his or her designee is authorized to adopt rules and regulations not inconsistent with this section, subject to approval as to form and legality by the City Attorney, in order to implement and administer the issuance of Municipal Identification Cards. These regulations shall specifically include a process for waiving the fee set forth in Section 2.64.050, upon proof of indigence.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

A fee shall be charged for each Municipal Identification Card issued. The City Council shall set the maximum amount that may be charged per card by resolution.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

A. When requiring members of the public to provide identification or proof of residency in the City, each City department shall accept a Municipal Identification Card as a valid identification and as valid proof of residency in the City, unless such City department has reasonable grounds for determining that the card is counterfeit, altered, or improperly issued to the card holder, or that the individual presenting the card is not the individual to whom it was issued. In addition the Municipal Identification Card, the City of Richmond Police Department may use other forms of identification and processes as necessary to substantiate the identification of a person.

B. Other than requiring the City to accept the Card as proof of identification and City residency, this section is not intended to replace any other existing requirements for issuance of other forms of identification in connection with the administration of City benefits and services. The requirements of this section do not apply under circumstances where (1) a Federal or State statute or administration regulation or directive, or court decision requires the City to obtain different identification or proof of residence; (2) a Federal or State statute or administrative regulation or directive preempts local regulation of identification or residency requirements; or (3) the City would be unable to comply with a condition imposed by a funding source, which would cause the City to lose funds from that source. A Municipal Identification Card may not be used in place of the identification required by Richmond Municipal Code Chapters 7.68 (Taxicabs) or 7.102 (Medical Marijuana Collectives).

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

A card holder must notify the Program Administrator within 14 calendar days of any change in address within the City of Richmond. Upon receipt of notification, the Program Administrator shall issue a notice of new address to be carried with the Municipal Identification Card.

If a card holder no longer intends to reside within the City of Richmond, or expects to reside outside the City for a period of more than 90 consecutive days, the card holder must relinquish the identification card, by mailing the card to the Program Administrator with an acknowledgement of intent to reside elsewhere.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

In undertaking the adoption and enforcement of this chapter, the City is assuming an undertaking only to promote the general welfare. The City does not assume, nor does it impose on its officers and employees, any obligation for which the City or any of its officers or employees could be found liable in the event of breach of that obligation to any person who claims that such breach proximately caused injury.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)

It is a misdemeanor violation of this Code, as specified in Chapter 1.04, for any person or entity to do any of the following acts:

A. To knowingly present false information to the City in the course of applying for a Municipal Identification Card;

B. To alter, copy, or replicate a Municipal Identification Card without the authority of the City; or

C. To use the Municipal Identification Card issued to another person, with the intent to cause a third person or entity to believe the holder of the card is the person to whom the card was issued.

(Ord. No. 16-11 N.S., § 2, 7-19-2011)