(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 below in divisions (B)(3)(a) through (B)(3)(c).
(a) For complete map data layers:
1. An annual fee of $1,500, paid in advance, for the continuous transmission of available and disclosable county wide non-photo electronic map data layers.
2. A fee of $750, paid in advance, for a one-time delivery of available and disclosable county wide non-photo electronic map data layers delivered on a CD.
3. A fee of $750, paid in advance, for a one-time delivery of a county’s most recent aerial photo layer delivered on CDs.
(b) For subsets of map data layers (for less than county wide areas), a fee of $75 per hour for the preparation of one-time specifically requested subsets of the county electronic map data.
(c) For 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.
(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 one-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.
(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 the 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: Public agencies that do not agree to share with the county the same type of electronic map data being provided by the county; nonprofit activities; journalism; and/or 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 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 their 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 chapter 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 County 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. This includes the repackaging or assimilation of electronic map data for a commercial purpose in paper or electronic media.
(2) 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.
(3) 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.
“Pulaski County electronic map data is the property of Pulaski County, Indiana. All electronic map data supplied by Pulaski 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 Pulaski County and its employees and officers. This indemnity covers reasonable attorney's fees and all court costs associated with the defense of Pulaski 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 Pulaski County Ordinance 2005-2 for any other restrictions on the use of electronic map data or penalties for the misuse electronic map data”. |
(4) A copy of the language contained in division (G)(3) above 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) Use violation policy.
(1) Any person(s) who violates the terms and conditions of this section by failing to pay for purchased electronic map data shall be liable for total fees charged for the electronic map data, plus attorney’s fees and the cost of collection.
(2) Any person(s) who violates the restrictions on the use of electronic map data, as set forth in division (G) above, shall be guilty of an infraction and may be fined by the county up to $2,500, and each violation shall be deemed a separate offence.
(3) In the event that there is an improper use of electronic map data, as set forth in division (G) above, or in violation of state or federal law, the county may prohibit the person(s) (as defined by I.C. 5-14-3-2) from obtaining any electronic map data, and seek injunctive relief from any misuse of electronic map data by the person(s) who originally purchased the electronic map data, or any other person(s) who has received a copy of the electronic map data.
(Ord. 2005-2, passed 2-1-2005)