(A) Fee schedule. A schedule of fees is established for the county which shall specify all fees which may be charged to provide a copy, duplicate records and records contained in an electronic medium and to provide a copy and/or an electronic map. The fee schedule shall apply to all county agencies and departments. The fees established herein shall be uniform to all purchasers.
(B) Payment of fees. Payment of any fee established by this section shall be made in advance; however, an office may agree to payment at the time of delivery or to invoice a person or entity for the charge if that person or entity has promptly paid invoices in the past. Any person, or his or her designee, requesting the data or copy shall be liable for the total charges for the request. Any person, or his or her designee, who fails to pay any fees or charges herein shall be liable for the fees and charges, together with interest at the rate of 1.50% per month, reasonable attorney fees and all costs associated with any collection effort by the county or office.
(C) Restrictions of use of data. No person, other than those authorized by the county, may reproduce, store, grant access, deliver or sell information obtained from any department or office of the county to any other person, partnership, corporation or entity for commercial purposes. In addition, any person who receives information from the county shall not be permitted to use any mailing lists, addresses or data bases for the purpose of selling, advertising or soliciting the purchase of merchandise, goods or services. A person who uses information in a manner contrary to the terms of this section may be prohibited from obtaining a copy or any further data subject to this section. A copy of the preceding restriction shall be conspicuously posted in all offices where electronic data is provided or sold.
(D) Violations and enforcement. Any person who violates any term or condition of this section by failing to pay fees or charges or who violates the terms of division (C) above, shall be guilty of an infraction and may be fined upon to and including the sum of $2,500 for each violation. In the event there is a violation of division (C) above, each separate violation shall be deemed a separate offense. A person, governmental unit or political subdivision who has a dispute or seeks relief from any of the terms or conditions of this section may seek relief before the Commissioners, who may grant such relief as in their discretion may be appropriate.
(E) Electronic Map Generation Fund. The County Electronic Map Generation Fund, a non-reverting fund, is hereby established. All fees collected for providing an electronic map shall be deposited into the Fund. All funds in the Fund shall be used and dedicated for the purposes as set forth in I.C. 5-14-3-8.3 and shall be appropriated by the County Council. The Fund shall not revert to the county for any other purpose than those described in this section.
(F) Governmental units and political sub-divisions. Any governmental unit or political subdivision which has provided electronic data used by the county to create the electronic data covered by this section shall receive copies of the data for that unit or political subdivision’s exclusive use, free from charge.
(G) Conflict with state law. Nothing herein shall compel any office or department of the county to charge a fee for copies or duplicate records if the fee imposed by this section is contrary to laws of the state. In the event the fees in this section are contrary or shall conflict with the laws of the state, the laws of the state shall control.
(Ord. 1-2-8.1, passed 5-19-2008)