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(A) The Auditor of the county shall collect a fee in the amount of $10 for each deed for which the Auditor makes a real property endorsement, which fee shall be in addition to any other fee provided by law, but shall be in place of any other endorsement fee heretofor established or authorized by this Board.
(B) The revenue received from division (A) above shall be placed in a dedicated fund for use in maintaining plat books, in traditional or electronic format.
(Ord. 2019-05, passed 6-17-2019)
(A) The County Sheriff’s Department shall charge a fee in the amount of $5 for each and every accident or incident report copy issued by said Department.
(B) Not less frequently than monthly, the County Sheriff’s Department shall make a report to the County Auditor of all reports furnished during the proceeding month, and remit all fees collected to the County Auditor.
(C) Upon receipt of the fees, the County Auditor shall issue a quietus for such remittances specifying on such receipt the number of receipts included.
(D) Upon receipt of such funds, the County Auditor shall deposit such funds to the credit of the Sheriff’s accident report account, as provided in I.C. 9-26-9-3.
(Council Ord. 2002-01, passed 5-21-2002)
(A) This section shall be applicable to all yard waste, and all trees and bushes, and trimmings therefrom, which shall hereinafter be referred to as “yard waste”.
(B) The county may, from time to time, establish collection sites for the collection of yard waste deposited by residents of the county not engaged in business ventures.
(C) To be eligible for deposit at established collection sites, yard waste must be in separate bags or boxes containing no greater than 45 gallons per container, or cut to size and in the above approximate quantity, which is manageable by site attendants and county employees.
(D) Each authorized bag, box, or quantity of yard waste shall have affixed thereto one-half of the regular solid waste sticker to be purchased from the county, or a seller authorized by the county, thereby making the cost of disposal for yard waste one-half of that established from time to time by the county for items of solid waste normally deposited at collection sites.
(E) Stickers shall not be sold in one-half units but only as a whole sticker. Income collected from the sale of such stickers shall be deposited in the County Sanitation Fund.
(F) It shall be unlawful for any person to place items of solid waste in any container designated to contain yard waste, and it shall be unlawful for any person to deposit yard wastes at any collection site without payment of an established fee, or at any time when said collection site is not staffed by a county employee and open to the public for receipt of items.
(G) It shall be unlawful for any person to dispose of any yard waste on any public real estate or right-of-way, except at a designated collection site.
(H) A violator of this section shall also be liable to the county for all damages and expenses incurred by said county by reason of such violation, which are established in a civil action for such purpose, and which shall include a reasonable attorney’s fee in said action.
(Ord. 98-11, passed 12-7-1998) Penalty, see § 34.99
(A) General. In accordance with I.C. 5-14-3-2, PERSON, as used in this section, is defined as an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity, and ELECTRONIC MAP DATA, as used in this section, is defined as copyrighted data created and provided by a public agency from an electronic geographic information system.
(B) Fee schedule.
(1) Pursuant to I.C. 5-14-3-8(j), the county may charge a fee, uniform to all persons, for providing electronic map data that is based upon a reasonable percentage of the county’s direct cost of maintaining, upgrading, and enhancing the electronic map, and for the direct cost of supplying the electronic map in the form requested by the person(s).
(2) In the case where disclosable and non-disclosable electronic map data are combined, I.C. 5-14-3-6 provides that the county may charge a reasonable fee for the county’s direct cost of computer programming to separate disclosable from non-disclosable electronic map data.
(3) It is hereby established by the County Board of Commissioners and County Council that the initial fee schedule for the transmission of electronic map data is as set forth in division (B)(5) below that is incorporated by reference herein.
(4) If the county contracts with a third-party contractor to handle the transmission of county electronic map data, the third-party contractor shall receive two-thirds, and the county a third of the fees charged the person for electronic map data. This fee schedule shall be reviewed on an annual basis and may be changed on an annual basis to reflect the change in the cost in providing the electronic map data.
(5) The current fee schedule is as follows:
(a) Complete map data layers:
1. An annual fee of $1,500, paid in advance, for the continuous transmission of available and disclosable countywide non-photo electronic map data layers;
2. A fee of $750, paid in advance, for a one-time delivery of available and disclosable countywide non-photo electronic map data layers delivered on a CD; and
3. A fee of $750, paid in advance, for a one-time delivery of a county’s most recent aerial photo layer delivered on a CD.
(b) Subsets of map data layers (for less than countywide areas): A fee of $150 per hour for the preparation of one-time specifically requested subsets of county electronic map data; and
(c) Separating disclosable and non-disclosable data: A fee of $150 per hour for computer programming required to separate disclosable and non-disclosable electronic map data if this is required as part of a one-time map data request.
(C) Exceptions to fee schedule.
(1) Pursuant to I.C. 5-14-3-8(k), any public agency, as defined by I.C. 5-14-3-2, located within the county, or within adjacent counties that agrees to share with the county any electronic map information that a public agency might have, if any, that is of the same type as is being shared by the county, the county will agree to automatically approve a data-sharing application with that public agency and waive that portion of the electronic map fee that would otherwise be retained by the county.
(2) Pursuant to I.C. 5-14-3-8(k), the county’s retained portion of the electronic map fee shall be waived at the county’s discretion if the use of the electronic map data will be used for a non-commercial purpose, including the following:
(a) Public agencies that do not agree to share with the county the same type of electronic map data being provided by the county;
(b) Non-profit activities;
(c) Journalism; and/or
(d) Academic research.
(D) Third-party contractor.
(1) In accordance with I.C. 5-14-3-3.6, electronic map information may be provided to person(s) through the county’s own computer gateway, or by agreement through a computer gateway of a third-party contractor. I.C. 5-14-3-3.6(e) provides that a contract entered into under this section may require the payment of a reasonable fee to either the third-party contractor, the county, or both.
(2) In accordance with I.C. 5-14-3-4, neither the county nor the third-party contractor shall disclose electronic map data that is specifically excepted from disclosure requirements.
(E) Payment.
(1) Where the county is using its own computer gateway for the provision to person(s) of electronic map data, payment shall be made by the person(s) at the time of delivery.
(2) Where the county has entered into an agreement with a third-party contractor to provide electronic map data through the third-party contractor’s computer gateway, the third-party contractor shall handle the billing and invoicing of the fees charged, and shall agree to send by U.S. mail that portion of the fee due to the county to the county’s Electronic Map Generation Fund within ten business days of the receipt of payment of fees to the third-party contractor by the person(s) making the purchase.
(F) Compliance with state statutes. Nothing herein shall compel any office or its contracted third-party contractor to charge a fee for copies if the fee imposed by this section is contrary to state law. In the event the fees in this section are contrary to any charges established by state statute, the state statute shall apply.
(G) Use restrictions and notice.
(1) Pursuant to the provisions of I.C. 5-14-3-3(e), no person, other than those authorized in writing by the Board of Commissioners, may use the electronic map data provided by the county for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by request to any other person for these purposes.
(a) This includes the repackaging or assimilation of electronic map data for a commercial purpose in paper or electronic media.
(b) The electronic map data may be used as a reference for determining the accuracy of maps developed independently from the county’s electronic map data.
(2) (a) A person who uses information in a manner contrary to this section, or a rule or ordinance adopted under I.C. 5-14-3-3, may be prohibited by the county from obtaining any electronic map data. The following notice regarding data ownership, restrictions, and qualifications shall be provided to every person that receives a copy of the county’s electronic map data:
“Dubois County electronic map data is the property of Dubois County, Indiana. All electronic map data supplied by Dubois County has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. The County does not guarantee the positional or thematic accuracy of the data. The cartographic digital file server is not a legal representation of any of the features depicted, and the County disclaims any assumption of the legal status they represent. Any implied warranties, including warranties of merchantability or fitness for a particular purpose, shall be and/or expressly excluded. The data represents an actual reproduction of data contained in the County’s computer files. This data may be incomplete or inaccurate, and is subject to modifications and changes. Therefore, the County cannot be held liable for errors or omissions in the data. The recipient’s uses and reliance upon such data is at the recipient’s risk. By using this data, the recipient agrees to protect, hold harmless and indemnify Dubois County and its employees and officers. This indemnity covers reasonable attorney’s fees and all court costs associated with the defense of Dubois County arising out of this disclaimer. The recipient may copy this data into computer memory or onto computer storage devices and prepare derivative works from it for the recipient’s own use. Pursuant to the provisions of Indiana Code 5-14-3-3(e), no person, other than those authorized in writing by the Board of Commissioners may use the electronic map data provided by the County for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by request to any other person for these purposes. A person who uses information in a manner contrary to a rule or ordinance adopted under Indiana Code 5-14-3-3(e) may be prohibited by the Board of Commissioners from obtaining any electronic map data. Please refer to Dubois County Ordinance 2013-01 for any other restrictions on the use of electronic map data or penalties for the misuse electronic map data”. |
(b) A copy of the language contained in this division (G) shall be conspicuously posted in all offices where electronic map data is sold in the county, and shall be provided to any person(s), as defined by I.C. 5-14-3-2, who desires to purchase electronic map data from the county.
(H) Electronic Map Generation Fund.
(1) Pursuant to I.C. 5-14-3-8.5, the County Council hereby establishes the County Electronic Map Generation Fund. The Electronic Map Generation Fund shall consist of fees charged for providing electronic map data to person(s) in accordance with I.C. 5-14-3-8(j) and be subject to the appropriation by the County Council.
(2) In accordance with I.C. 5-14-3-8.5(b), all funds collected in the Electronic Map Generation Fund shall be specifically dedicated to the following purposes:
(a) The maintenance, upgrading, and enhancement of the electronic map; and
(b) The reimbursement of expenses incurred by a public agency in supplying an electronic map in the form requested by the person(s).
(Ord. 2013-01, passed 5-6-2013)
(A) The County Sheriff’s Department is hereby authorized to charge the sum of $50 per year for the registration of sex or violent offenders, and $5 for each time a sex or violent offender registers an address change with the County Sheriff’s Department.
(B) The county now establishes a county Sex and Violent Offender Administration Fund, and the County Sheriff’s Department shall deposit all funds collected for sex or violent offender registration fees, and address change fees for sex or violent offenders, into this account.
(C) The County Auditor shall, monthly, transfer 10% of any fees collected to the treasurer of the state for deposit in the state’s Sex and Violent Offender Administration Fund under I.C. 11-8-8-21.
(D) The County Council may appropriate money from the county’s Sex and Violent Offender Administration Fund to defray the expense of administering or ensuring compliance with the laws concerning the state’s Sex and Violent Offender Registry.
(Council Ord. 2007-12, passed 9-17-2007)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENHANCED EMERGENCY TELEPHONE SYSTEM. A telephone system that utilizes the three-digit number 911 to send automatic number identification and automatic location identification for reporting police, fire, medical, or other emergency situations.
EXCHANGE ACCESS FACILITY. The access from a particular service user’s premises to a telephone system.
(a) The term includes:
1. An access line;
2. A private branch exchange (PBX) trunk; and
3. A centrex line trunk equivalent that is provided by the service supplier.
(b) The term also includes a mobile telephone system access trunk, whether the trunk is provided by a telephone company or a radio common carrier.
(c) The term does not include:
1. A service supplier owned and operated telephone pay station line;
2. A wide area telecommunications service (WATS) lines;
3. A foreign exchange (FX) line; or
4. An incoming-only line.
SERVICE SUPPLIER. A person who provides exchange telephone service to a service user.
SERVICE USER. A person to whom exchange telephone service is provided.
(B) Monthly fee.
(1) Beginning October 1, 2003, and each month thereafter, each service supplier shall commence to collect a monthly enhanced emergency telephone system fee of $2.10 per telephone access line, or other exchange access facility.
(2) Prior to such date, each service supplier shall continue to collect the monthly fee of $1.89.
(C) Administrative fee. The service supplier(s) shall be entitled to retain an administrative fee of 3% of the monthly fees collected as compensation for collecting the fees.
(D) Remit to Auditor. All monthly fees collected, except for the 3% administrative fee, shall be remitted to the County Auditor within ten days after the last day of the calendar year quarter. With the fee remittal, the service supplier shall provide a fee collection report on a form provided by the County Auditor.
(E) County Emergency Telephone System Fund. The County Auditor shall deposit the remitted fees in a separate fund named the County Emergency Telephone System Fund. The County Auditor may invest monies in the fund in the same manner that other monies of the county are invested with the interest earned from such investment to be deposited in that fund.
(F) Delinquent fee report.
(1) During January of each year, each service supplier that collects the enhanced emergency telephone system fee for the county shall provide a delinquent fee report to the County Auditor.
(2) The report shall list the name, address, and amount due for each service user who is two or more months delinquent in paying the fee.
(Council Ord. 1989-8, passed 7-10-1989; Council Ord. 2003-03, passed 8-11-2003)
FUNDS
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