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1. Charter
2. Title 1 General Administration
3. Title 2 Government Organization
4. Title 3 Revenue and Taxation
5. Title 4 Licenses and Permits
6. Title 5 General Offenses
7. Title 6 Health, Safety, and Sanitation
8. Title 7 Regulation of Vehicles, Pedestrians, and Parking
9. Title 8 Parks, Open Space, Streets, and Public Ways
10. Title 9 Land Use Regulation
11. Title 10 Structures
12. Title 11 Utilities and Airport
13. Title 12 Human Rights
1. Chapter 12-1 Prohibition of Discrimination in Housing, Employment, and Public Accommodations
2. Chapter 12-2 Landlord-Tenant Relations
3. Chapter 12-3 Drug Testing
4. »Chapter 12-4 Domestic Partners
14. Title 13 Elections and Campaign Disclosures and Activities
15. Title 14 Arts
16. Index
17. Ordinances Pending Codification

Page Contents

• 12-4-1 Purpose
• 12-4-2 Definitions
• 12-4-3 Requirements for Domestic Partnerships
• 12-4-4 Creation and Termination of Domestic Partnerships
• 12-4-5 Recognition of Domestic Partnerships Registered in Previous Registry and Other Jurisdictions
• 12-4-6 Private Registry of Domestic Partnerships
• 12-4-7 Rules and Rulemaking

Chapter 12-4: Domestic Partners¹⁶

12-4-1 Purpose.

The city values the dignity and worth of all people and is committed to promoting justice, equity and inclusiveness. The city finds that domestic partnerships exist in many different forms, including unmarried couples in either same or opposite sex relationships who are living together. In order to promote equal respect and fair treatment and to protect the public health safety and welfare, it is the policy of the city to allow any two unrelated adults in a committed relationship who meet the domestic partnership criteria to register with the city and to obtain a certificate attesting to their status or to receive a certificate documenting their status but not be formally registered in the city's domestic partnership registry.

12-4-2 Definitions.

The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Common household" means a place where both domestic partners reside. The legal right to occupy the common household need not be joint.

"Marriage," as used in this chapter, shall mean a marriage as defined in section 14-2-104, C.R.S.

12-4-3 Requirements for Domestic Partnerships.

(a) In addition to freely declaring that both persons entering a domestic partnership are each other's sole domestic partner, an individual must:

(1) be an unmarried person eighteen years of age or older and competent to contract;

(2) Not have been prohibited from marrying his or her domestic partner under the law of this state by reason of a blood relationship to the domestic partner or by reason of adoption;

(3) Share a "common house-hold", as defined herein, with his or her domestic partner;

(4) Not have a different domestic partner under the provisions of this chapter or any other comparable domestic partnership provision;

(5) Execute, with his or her domestic partner, a certificate of domestic partnership, attesting to the foregoing requirements and that the parties are in a relationship of mutual support, caring, and commitment with the present intention to remain in that relationship; and

(6) Not have terminated the domestic partnership.

(b) No person shall make any misrepresentations in order to obtain a certificate of domestic partnership nor shall any person make any misrepresentations in connection with the process of the registration of a domestic partnership.

12-4-4 Creation and Termination of Domestic Partnerships.

(a) Creation: A domestic partnership is established when both parties execute a certificate of domestic partnership, attesting to the foregoing facts of section 12-4-3, "Requirements for Domestic Partnerships," B.R.C. 1981, before the city manager.

(b) Termination: A domestic partnership ends when either of the domestic partners dies, marries, or executes a certificate of termination, stating that one or more of the criteria listed in subsection (a) of this section no longer apply, subject to the following conditions:

(1) The domestic partnership shall terminate as of the date of the death or marriage of either partner, or as of the date of executing the certificate of termination; and,

(2) In the event that only one of the partners executes the certificate of termination, then that partner shall, in such certificate, attest to the fact that he or she has sent a copy of the certificate of termination to the other partner at the other partner's last known address, registered mail, return receipt requested.

(c) Certification of Creation and Termination: To be effective, certificates of domestic partnership and certificates of termination must be certified by the city manager. Certificates of domestic partnership and certificates of termination may be filed with the city manager. The city manager shall assess a fee for certifying such certificates, and provide one certified copy to one or both of the parties.

(d) Prior Registry: Domestic partnerships declared under the City of Boulder's prior domestic registry may be terminated under the provisions of this section.

(e) Subsequent Domestic Partnerships: No person shall enter into a domestic partnership after termination until at least ninety days after the termination of any such prior domestic partnership.

(f) Fee: An applicant for a certificate documenting the creation or termination of a domestic partnership shall pay the fee in section 4-20-59, "Domestic Partnership Registration Fees," B.R.C. 1981.

(g) Administration: The city manager may make available forms for creating and terminating domestic partnerships, which forms shall meet all requirements for registering a domestic partnership pursuant to this chapter. In addition to meeting the foregoing requirements of this chapter, any forms provided by the city manager shall include a statement that under current law registering a domestic partnership under the provisions of this chapter does not alter the parties' contract or property rights.

12-4-5 Recognition of Domestic Partnerships Registered in Previous Registry and Other Jurisdictions.

For the purposes of this chapter, the city recognizes the domestic partnerships that are:

(a) Prior Registry: Registered under the City of Boulder's prior domestic registry;

(b) Governmentally Sanctioned: Are governmentally sanctioned civil unions or same sex marriages; or

(c) Domestic Partnerships of Other Jurisdictions: Publicly documented and created under other laws of other jurisdictions that meet requirements that are similar to the requirements of section 12-4-3, "Requirements for Domestic Partnerships," B.R.C. 1981.

12-4-6 Private Registry of Domestic Partnerships.

Nothing contained in this chapter shall be construed to prevent the city manager to continue the practice of allowing private registration of domestic partnership between two individuals. However, any privileges granted by the registration pursuant to section 12-4-4, "Creation and Termination of Domestic Partnerships," B.R.C. 1981, shall accrue to such privately registered domestic partnerships upon the presentation of such private registration certified by the city manager.

12-4-7 Rules and Rulemaking.

(a) Rulemaking Authority: The city manager may promulgate such rule as the manager considers necessary to implement and enforce this chapter. All such rules shall be adopted in accordance with the procedures set forth in chapter 1-4, "Rulemaking," B.R.C. 1981.

(b) Violation of Rules Prohibited: No person shall violate any rule issued by the city manager under this section.

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¹⁶ Adopted by Ordinance No. 7416.

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