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A. All offices of Jasper County (not otherwise covered by statute or ordinance) shall henceforth charge a uniform fee as set forth in “Exhibit A*.”

B. A public agency of Jasper County may require that the medium of payment for copies of public information covered by this section shall be made in advance or at the time of delivery, in cash, cashier’s check, money order or business check. However, a public agency, at the discretion of the office holder of Jasper County may agree to invoice a local business for the charge and may do so when copies are requested or on a monthly basis.

C. Those requests for copies from an office subject to this section received through the United States Mail shall be charged postage for the return of those items requested at the prevailing rate per ounce established by the United States Postal Service for first class postage. If the requester provided the appropriate amount of postage in advance with the copy request, then no postage shall be assessed upon the request for copies.

D. The fees established by this section shall not apply to, nor do they supersede, the schedules set by Indiana law for copy of facsimile charges for those County offices or records governed by State statute or court order as outlined in IC 5-14-3-8(f). (For example, but not limited to, recording copy fees/clerk’s certification and/or copy fees.)

E. The Jasper County office/agency from which the request for copies is made shall have a reasonable opportunity to provide the requested information, and shall make a reasonable effort to do so taking into consideration the following factors: (for example, and not limited to) available staffing, equipment and the volume of information requested. Compilation and copying of public documents may not unreasonably interfere with the business of the public agency.

No request for records may be denied because the person making such a request refuses to state the purpose of the request, unless such condition is required by an applicable State or Federal statute.

F. Copy fees collected by County offices, as required by this section, shall be deposited with the Jasper County Auditor no less than monthly. Form 362, “Report of Collections,” as prescribed by the Indiana State Board of Accounts shall be used for reporting, posting and accounting purposes of the County office making such collection.

G. Per IC 5-14-3-3(e), only those persons duly authorized by Jasper County per local ordinance, may reproduce, store, grant access, deliver, or sell any information obtained from a Jasper County office or department to any other person, partnership or corporation. Electronic files obtained from the Jasper County database may not be used for the purposes of advertising, selling or solicitation for the purchase of goods and services or merchandise, or to see, loan, give away, or otherwise deliver information obtained by a copy request to any other person.

H. The Jasper County Auditor’s Office (or other Jasper County offices capable of providing electronic map(s) or GIS data access, subsequent to the adoption of the ordinance codified in this section) may contract with an independent service provider capable of providing the information requested as authorized under IC 5-14-3.5, as an additional method of providing enhanced access to public records.

I. 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.

In addition, a person who violates the provisions of subsection (G) of this section shall be guilty of an infraction as defined by Indiana law and may be fined up to a maximum amount of $2,500. Each violation of subsection (G) of this section shall constitute a separate offense.

J. There shall be no fee charged to governmental units: (1) to receive copies of maps developed from information provided by them, and (2) for map layers relevant to and for the benefit of police, fire and rescue services for the territory served by them. This information may not be sold by the public agency.

K. Jasper County does not warrant the accuracy of any copied material. [Ord. 8-3-09 §§ 1–11; Ord. 2-17-04 §§ 1–11.]

Prior legislation: Ords. 7-21-98 and 11-16-99.

* Code reviser’s note: Exhibit A is on file in the office of the County Auditor.

Cross reference: See also Chapter 3.50 JCC regarding electronic map data fees.