§ 34.24 ELECTRONIC MAPS/GIS DATA FEES.
   (A)   The county specifically incorporates into this section those definitions contained in I.C. 5-14-3-2, for purposes of this section, as pertain to electronic data as if set forth herein as the same are currently enacted and as may be hereinafter amended by the State Legislature, as if specifically set forth herein. These definitions include, but are not limited to, for example: COPY, DIRECT COST, ELECTRONIC MAP, PERSON, and ENHANCED ACCESS, as part of the definitions in place at the time of adoption of this section.
   (B)   The County Auditor's office, the public office that maintains and is the principal location of the County GIS System, shall henceforth charge fees as noted on the attached schedule for each Electronic Map/GIS data request made by those who submit requests for such information. Written requests for such information shall be made of the County Auditor's office to assure proper responses may be formulated. The procedure for requesting the public records, as provided by Ordinance 97-16, shall be used for the request. That portion of Ordinance 97-16, establishing the procedure for submission of written requests for county records (herein referring and applying to electronic map(s) and /or GIS data public records) is specifically incorporated herein as if specifically set forth herein.
   (C)   (1)   Persons requesting copies of county electronic map(s), or other GIS records, shall complete a written request, on a form provided for such service by the Auditor's office, which specifies with reasonable particularity, the record being requested. The completion of the written request will assist the provider in calculating service fees to be accurately determined and invoiced for providing the electronic map(s)/data information sought. The written request will also permit conformance with the provisions of I.C. 5-14-3-4 pertaining to those public records excepted from disclosure requirements, if applicable.
      (2)   Payment of the specified fee(s) must be made to the County Auditor prior to receipt of the electronic map(s)/GIS data as requested in writing by the applicant.
      (3)   Form requests for electronic map(s)/GIS data may be submitted at any time during the normal hours in which the County Auditor or other county office with GIS data access and reproduction capability, is open for the transaction of the public's business. (A copy is attached to Ordinance 98-12 and incorporated by reference.)
   (D)   (1)   The County Auditor's office, where the County GIS System is physically located, (or other county offices capable of providing electronic map(s) or GIS data access, subsequent to the adoption of this section), or, where the request for electronic information should be made, shall make reasonable efforts to provide the requested information as soon as possible to the party requesting the same, taking into consideration the following factors: for example, and not limited to, available staffing, equipment status, and the volume of information requested.
      (2)   The office should not exceed 24 hours within which to provide the requested electronic map(s)/GIS data and information, pursuant to such written request as made in person, or, one week, in the event of a request made by United States mail. Those requests for records obtained through the United States mail shall be charged appropriate postage or express delivery charges, at the prevailing rate per ounce established by the postal service or express service carrier, as may be made by the request or of the data, if not otherwise provided to the county in advance.
      (3)   In the event a person makes an oral request for electronic map(s)/GIS data, the same may be denied orally pursuant to state law. However, if a request initially is made in writing, or through some form of enhanced access, as defined by state law or local ordinance, or, if an oral request that has been denied, is renewed in writing, the county office may deny the request if:
         (a)   The denial is in writing; and
         (b)   The denial includes:
            1.   Aa statement of the specific exemption or exemptions authorizing the withholding of all or part of the county public record; and
            2.   The name and the title or position of the person responsible for the denial.
      (4)   No request for records may be denied because the person making such request refuses to state the purpose of the request, unless such condition is required by an applicable state or federal statute.
   (E)   The County Auditor's office (or other county offices capable of providing electronic map(s) or GIS data access, subsequent to the adoption of this section) may contract with an independent service provider capable of providing the information requested as authorized under I.C. 5-14-3-3.5, as an additional method of providing enhanced access to public records.
   (F)   Per I.C. 5-14-3-3(e), only those persons duly authorized by the fiscal body of the county, per local ordinance, may reproduce, store, grant access, deliver, or sell, any information obtained from the county electronic map(s)/GIS data, from any department or subdivision of the county to any other person. Information obtained from the county data base of electronic map(s) and/or GIS data shall not be used for the purposes of advertising, selling or solicitation for the purchase of goods and services or merchandise, or to sell, loan, give away, or otherwise deliver information obtained by a request for electronic map(s)/GIS data to any other person. A clearly visible notice of this provision of state law and this section shall be posted in the County Auditor's office and shall be provided to the recipient requesting the electronic map(s)/GIS data at no charge.
   (G)   (1)   A person who violates the provisions of this section by using electronic data contrary to the provisions of this section may be prohibited from obtaining additional electronic data under the provisions of this section.
      (2)   In addition, a person who violates the provisions of this section shall be guilty of an infraction as defined by state law and may be fined up to a maximum amount of $2,500. Each violation of the provisions of this section shall constitute a separate offense.
   (H)   Fees collected for electronic maps or GIS data, as required by this section, shall be deposited with the County Auditor no less than monthly. Form 362, “Report of Collections” as prescribed by the State Board of Accounts shall be used for reporting, posting and accounting purposes.
Electronic Maps)/GIS Data Fee Schedule
GIS layer reproduction charges
Cost is per layer/acre
$.058
Media charges
Cost is per visit (4mm tape)
$ 9.00
(3.5 disk )
$1.50
Reproduction labor/equipment
Charge per occurrence
$15.00
Hardcopy plots
Cost per 17" x 17"
$ 1.90
Cost per 8½" x 11"
$.95
Cost per 24" x 36"
$3.00
Cost per 36" x 48"
$4.00
 
(Ord. 98-12, passed 5-12-1998; Am. Ord. 99-2, passed 2-9-1999)