(A) (1) A person who receives information on disk or tape or in any electronic format under I.C. 5-14-3-3(d) may not use the information for commercial purposes.
(2) Specifically, a person who receives information on disk or tape or in any electronic format under I.C. 5-14-3-3(d) is prohibited from:
(a) Selling that information;
(b) Advertising the information;
(c) Soliciting the purchase of merchandise, goods or services with that information; or
(d) Selling, loaning, giving away or otherwise delivering the information obtained by the request to any other person for these purposes.
(3) Use of information received under I.C. 5-14-3-3(d) in connection with the preparation or publication of news, for non-profit activities, or for academic research is not prohibited.
(4) A person who uses information in a manner contrary to this division (A) may be prohibited by the County Board of Commissioners from obtaining a copy of any further data under division (A)(2)(d) above and may be subject to a fine of up to $2,500.
(5) This division (A) does not apply to electronic formatted map data.
(B) (1) The Board of Commissioners ratifies and confirms all of the provisions Ord. 2007-20 and Ord. 2016-000-18.
(2) The Board of Commissioners modifies and amends to said ordinances the provision that no person, firm or corporation is authorized to access the County Recorder’s digital bulk records without express written consent, the completion of a user agreement and submission to the fees and charges set forth therein.
(C) Said ordinances are further modified and amended to include the provision that any person, firm or corporation who electronically accesses and electronically prints, stores or transfers data to any of its operating computer systems, digital storage devices or internet cloud media is subject to the fine provisions of the existing Ord. 2007-20 and Ord. 2016-000-18.
(D) The ongoing expenses incurred by the County Recorder in applying a watermark and producing the bulk copies result in actual costs that exceed $0.10 per copy due to actual expenses incurred by the Recorder’s office.
(E) Ord. 2007-20 and Ord. 2016-000-18 are further modified and amended to provide that the Recorder of the county may charge a total fee of $0.20 per page in deference to the charges specified by I.C. 36-2-7-10.1 in consideration of actual costs, and subject to all amendments by operation of federal, state or local law and any binding court orders.
(BC Ord. 2007-20, passed 6-22-2007; BC Ord. 2016-000-18 passed 6-27-2016; BC Ord. 2018-003, passed 4-16-2018)