REGULATIONS FOR THE CELEBRATION OF CIVIL MARRIAGES AND THE ESTABLISHMENT OF CIVIL UNIONS
Look HERE at the Regulation of the Municipality of Grado with all the annexes.
Art. 1 Object and purpose of the Regulation
1. These Regulations govern the methods of organisation of the municipal service in charge of the activities related to the celebration of civil marriages and civil unions in the territory of the Municipality, in compliance with the regulations in force and in accordance with the provisions of articles 106 et seq. of Section IV of the Civil Code and Law no. 76 of 20 May 2016.
2. The celebration of marriages and the establishment of civil unions is an institutional activity guaranteed to citizens as provided for by the Civil Code and the current Civil Status Regulations - Presidential Decree 3.11.2000 no. 396, if requested at the Municipal House and during the service hours of the Civil Status Office.
Art. 2 Functions
1. The celebration of civil marriages and the constitution of civil unions are carried out by the Mayor, in his capacity as Civil Registrar, in accordance with Article 1 of Presidential Decree n° 396 of 03.11.2000.
2. The Mayor may delegate by specific deed the functions of registrar to municipal councillors, to municipal councillors, to permanent municipal employees who have passed a special training course, to the Secretary-General or to Italian citizens who meet the requirements for election as municipal councillors. In the latter case, these are residual hypotheses, intended to satisfy particular and exceptional needs, which must be assessed and authorised by the Mayor on a case-by-case basis, on the basis of suitably motivated requests submitted by citizens who intend to celebrate their marriage or civil partnership.
3. When celebrating a marriage or civil partnership, the civil registrar must wear the tricolour sash as provided by Article 70 of Presidential Decree No. 396 of 3/11/2000.
4. It is forbidden for the registrar to display, in any form whatsoever, political and/or religious symbols.
Article 3 Identification of 'Municipal House' and premises for the celebration of civil marriages and the establishment of civil unions
1. The " Municipal House ", for the purposes of Article 106 of the Civil Code for the celebration of marriages and the constitution of civil unions, is represented by all the buildings in which the Municipality exercises its functions.
2. In our Municipality, civil marriages and the constitution of civil unions may be celebrated in the Council Chamber on the ground floor of the Town Hall in Piazza Biagio Marin No. 4 and, in the period from 15 April to 15 October, also on the terrace overlooking the sea, located on the first floor of the Town Hall. For security reasons, weddings or civil unions may be celebrated on the terrace, with a limited number of guests (max 35 people). By virtue of council resolution No. 19 of 23 April 2014, the terrace of the Public Library located in Via L. da Vinci No. 20 was also identified as the "Municipal House" for the celebration of civil marriages. This site will be used in the event of the Council Chamber and/or the terrace of the Town Hall being unavailable.
3. There is nothing to prevent marriages and the establishment of civil unions from also taking place in the Civil Status Office, but only from 10 a.m. to 12 noon, when it is open to the public, in the presence of witnesses only.
4. Any exhibitions, theatrical or singing events, during the summer months from May to the end of August, may prevent the ceremony from taking place on the terrace.
Article 4 Procedures
1. On the agreed date and time, the registrar celebrates the marriage or civil partnership in the presence of two witnesses, who may also be relatives, of full age and able to understand. The choice of the matrimonial regime that the spouses intend to adopt, already communicated at the time of the publication and/or booking of the marriage, is declared in the marriage certificate. Also on that occasion, the civil registrar must be informed of the place chosen for the celebration.
2. The parties wishing to form a civil partnership, on the chosen day and time, present themselves and make the declaration of their intention to form a civil partnership in person and jointly, in the presence of two witnesses. The parties may also declare to assume, for the duration of the civil partnership, a common surname chosen from among their surnames. The parties may place their own surnames before or after the common surname, if different, by making a declaration to the civil registrar. They may also declare that they choose the regime of separation in their property relationships.
3. The bride and groom and those intending to be civilly united shall comply with the agreed timetable and must therefore be at the Town Hall at least 10 minutes before the start of the ceremony.
Art. 5 Reservation of hall/terrace for wedding celebration or civil partnership establishment
1. Those wishing to celebrate a civil marriage or form a civil partnership at the premises identified in paragraph 2 of Article 3 must submit a special application on the form prepared by the Civil Status Office (Annex "B"), which is an integral part of these Regulations, at least 30 days before the date of the marriage celebration, except in extraordinary cases of urgency.
2. The registrar, having verified the availability of the premises, will agree to the use of those premises, or will communicate the reasons for not granting the request.
3.The Civil Status Office ensures that the couple can visit the premises at the municipal seat where the marriage or civil partnership can be celebrated.
Article 6 Civil marriages of resident citizens to be celebrated in another Municipality
1. Unmarried couples residing in the Municipality of Grado who intend to celebrate their marriage in another Municipality shall personally contact the Civil Status Officer of the Municipality where they intend to hold the celebration. The procedure for requesting the publication of the marriage must be carried out, in accordance with the current Civil Status Regulations, in this Municipality, and the unmarried couple must indicate the chosen location and the reason for their choice for the purpose of issuing the proxy provided for by art. 109 of the Civil Code and 67 of Presidential Decree no. 396/2000.
Article 7 Civil marriages celebrated by proxy of other Municipalities
1. In the event that the marriage takes place by proxy of another Municipality, the parties must make a prior request for availability for the celebration in the same manner as indicated in Article 5.
2. For a marriage celebrated by proxy, the couple must produce the following documents at least 10 days before the date of the celebration, unless otherwise agreed with the registrar
- proxy from the requesting Municipality;
- photocopy of the bride and groom's identity documents;
- photocopy of the identity documents of the witnesses;
- choice of matrimonial regime (community or separation of property);
- receipt of payment of the relevant fee.
Article 8 Civil marriages celebrated outside the Municipal House (Article 110 of the Civil Code)
1. The celebration of civil marriages outside the municipal seat is regulated exclusively by Article 110 of the Civil Code.
2. If one of the parties is prevented from going to the municipal seat due to physical infirmity or other justified impediment (e.g. public security reasons), the registrar will go with the municipal secretary to the place where the prevented bride and groom are located to celebrate the marriage. In this case, four witnesses will be required. The state of impediment must be appropriately documented and communicated to the Civil Status Office when the wedding celebration is booked, if the impediment is already known, or, in any case, in time for the organisation. There are no other reasons or arrangements for celebrating marriages outside the Municipal House.
Article 9 Formation of civil partnership
1. The request for the constitution of a civil partnership shall be submitted to the Civil Status Office of the Municipality chosen by the parties. The person requesting the constitution of the civil partnership must declare the first name and surname, date and place of birth, citizenship and place of residence of the parties to the civil partnership, as well as the non-existence of the causes preventing the constitution of the partnership referred to in Article 1, paragraph 4, of Law No. 76 of 20 May 2016.
2. The civil registrar must verify the accuracy of the declaration referred to in paragraph 1 and may obtain ex officio any documents he deems necessary to prove the non-existence of impediments to the constitution of the civil partnership.
3. Upon receiving a request for the constitution of a civil partnership, the Civil Registrar draws up minutes indicating the identity of the persons who have appeared, the request made to him, the declarations made by the parties or those representing them, and signs them together with the applicants.
4. The verifications referred to in paragraph 2 shall be carried out within thirty days after the minutes have been drawn up. From that date, or even from an earlier date, if the verifications are completed earlier and the registrar has given the applicants mandatory notice, the parties may present themselves to the registrar to form the civil partnership.
5. The civil partnership may also be formed outside the Municipal House in only two cases
- if one of the interested parties (or both) is materially prevented from going to the municipal house due to infirmity or another serious reason; the impossibility must be proven by a declaration by a doctor or a public official
- if there is imminent danger to the life of one or both of the persons concerned and they are therefore unable to travel to the municipal home; this condition must be certified by a doctor.
Art. 10 Days and times of celebration/constitution
1. Marriages and the constitution of civil unions are celebrated on the following days and at the following times: Monday to Saturday from 11 a.m. to 1 p.m. and from 4 p.m. to 6 p.m. (except as provided in Article 3, paragraph 3 of these Regulations). Only one marriage may be celebrated per time slot.
2. Celebrations shall not be held on the following days:
- 1 and 6 January;
- Easter Sunday and the following day (Easter Monday);
- 25th April;
- 1 May;
- 2 June;
- 12 July; Patron's Day
- 15 August;
- 1 November;
- 8, 25 and 26 December;
- afternoon of 31 December.
3. Marriages are not celebrated on Sundays.
4. Civil marriages and civil union constitutions are, however, subject to the availability of the celebration venue (Council Chamber or terraces), subject to institutional requirements.
Art. 11 Cost of service
1. For the celebration of civil marriages and the constitution of civil unions, a reimbursement of expenses is payable, which will be updated annually by the municipal council, taking into account the cost of the personnel required to carry out the service, the services provided and the management costs such as heating, cleaning, etc.
2. The reimbursement is due based on the applicants' residence and is differentiated according to the place and time of celebration.
3. The fees due for the celebration of civil marriages/civil partnerships are specified in Annex A), which is an integral part of these Regulations.
4. Payment must be made no later than 10 days prior to the date of the wedding/civil union celebration. However, the reservation of the room or terrace, for the celebration of the marriage, will not be effective until the applicants have made payment.
5. Should the requested service not be provided, for reasons attributable to the Municipality, the sum paid shall be refunded in full.
6. In the event of bad weather the wedding planned on the terrace will be celebrated in the Council Chamber with a refund of one third of the amount paid. If the setting up of the terrace has already been completed, no refund will be made.
7. No refund shall be made if the failure to provide the requested services is attributable to the requesting parties.
Article 12 Methods of payment
1. The payment must be made in one of the ways described below, indicating as reason for payment: “prenotazione sala per matrimonio/costituzione unione civile” (reservation of the room for the wedding/civil union establishment), then handing in the receipt of the payment to the Ufficio di Stato Civile (Civil Status Office) within 10 days from the celebration: a. payment on postal account no.10695492 made out to the: Comune di Grado - Servizio Tesoreria (Municipality of Grado - Treasury Service); b. cash payment to the Tesoreria Comunale (Municipal Treasury) - Unicredit Banca S.p.A. Filiale di Grado, Riva Camperio n.12; c. bank transfer to Unicredit Banca S.p.A. Filiale di Grado, Riva Camperio n.12 - IBAN: IT42B0200864590000002759155 - BIC SWIFT UNCRITM10OB.
Art. 13 Organisation of the service and staff arrangements
1. The municipal office responsible for organising the celebration of marriages/civil partnerships is the Civil Status Office. The Civil Status Office will, in coordination with the other municipal offices, make the necessary arrangements to ensure that the required services are duly provided, communicating from time to time the dates on which both the Council Chamber and the terrace will be booked. For weddings or civil union constitutions performed in the afternoon and celebrated on the terrace located on the first floor, the presence of an usher will be required in order to guard the Town Hall.
2. Personnel called to serve beyond office hours shall be paid, if contractually due, compensation for overtime work and the relative total number of hours may also be authorised in derogation of the limits set by the Body, recognising that the activity is performed at the request of the institutional body of the Body.
Art. 14 Layout of the room and/or spaces used
1. Applicants may, at their own care and expense, enrich the hall or spaces granted with additional furnishings and decorations, which, at the end of the ceremony, must be promptly and fully removed, again at the applicants' care.
2. The hall and/or spaces used must then be returned in the same condition in which they were granted for the celebration. Refreshments, catering services, etc. are not permitted either on the terrace or in the Council Chamber.
3. The Municipality is relieved of all responsibility for the safekeeping of the temporary furnishings and decorations arranged by the applicants.
4. The use of musical instruments or personal stereo systems to play background music during the ceremony is permitted. The choice of tunes and instruments shall be in keeping with the location of the celebration, thus avoiding disturbing the regular celebration of the rite and other offices. All related financial and organisational costs, including the payment of SIAE royalties, if and in what amount due, shall be borne in full by the bride and groom or those forming the civil union.
5. It is forbidden to throw rice, confetti, confetti, flower petals or any other auspicious sign that may cause damage or dirt into the hall or spaces located inside the building where the celebration is held, and behaviour that respects decorum and the basic rules of good manners must be maintained by both the bride and groom and the guests.
6. Should any damage occur to the rooms, spaces and/or facilities granted for the celebration, the amount of the same shall be charged to the requesting party, unless the party directly responsible is identified.
7. The use of the hall or terrace is allowed up to a maximum of 30 minutes after the celebration (for photos, exchange of greetings, etc).
8. Given that the Town Hall is located within a Limited Traffic Zone, applicants must contact the Local Police Headquarters in good time, in order to obtain any authorisations for access by car.
Art. 15 Request for the celebration of a marriage or civil partnership by foreign nationals not residing in Italy
1. The request for the celebration of a marriage or civil partnership by foreign nationals not residing in Italy must be presented to the competent Civil Status Department at least 30 days before the desired date, accompanied by copies of the future spouses' identity documents and the relevant authorisation to marry in accordance with Article 116 of the Civil Code issued by their consular authorities, or, for countries that have acceded to the Monaco Convention of 05 September 1980, the certificate of legal capacity to marry.
2. The provisions of Article 9 apply to civil unions.
3. The date of the marriage or civil partnership will be fixed following a positive examination of the aforementioned documentation and in accordance with the provisions of these regulations.
4. The bride and groom must personally produce to the Civil Status Office the originals of the documents already sent by email or fax at the time of booking, at least two working days before the date of the wedding: at the same time, a record of the absence of impediments to the celebration will be drawn up.
5. Within the same deadline, the couple must produce photocopies of the identity documents of the two witnesses and, if necessary, of the interpreter.
Article 16 Marriage or civil partnership with the help of an interpreter
1. In the event that the Registrar, when requesting the publication of the banns of marriage or the establishment of a civil partnership, upon production of the documents, finds that the parties or the witnesses (whether or not they reside in the Municipality where the ceremony is held) do not understand Italian, he invites them to make use of an interpreter, as provided for in Articles 13 and 66 of Presidential Decree 396/2000, whom they must provide at their own expense.
2. Interpreter assistance at the ceremony will also be requested at the time of the marriage or civil partnership celebration; should the interpreter be a different person from the one presented at the time of the banns, the bride and groom must communicate the personal details of the new interpreter at the same time as the witnesses' details.
Art. 17 Cases not provided for in these Rules For matters not expressly provided for in these Rules, the following shall apply:
- the Civil Code
- Presidential Decree 3 November 2000 no. 396;
- Law no. 76/2016;
- Legislative Decree No. 267 of 18 August 2000;
- the Municipal Statute. Art. 18 Entry into force These Regulations, once approved, shall be published on the Municipal Register for fifteen consecutive days, coming into force the following day
TARIFFS FOR THE CELEBRATION OF CIVIL MARRIAGES AND FOR THE CONSTITUTION OF CIVIL UNIONS BY SPOUSES AND APPLICANTS FOR CIVIL UNIONS
