ORDINANCE NO. 059
AN ORDINANCE AMENDING SECOND REVISION
BROWN COUNTY ORDINANCES, EFFECTIVE MARCH 12, 1997
BY ADDING TITLE 19 – GIS DATA ACCESS AND DISTRIBUTION
BE IT ORDAINED by the Brown County Commission, Brown County, South Dakota, that
Second Revision Brown County Ordinances, as amended be amended by adding Title
19 – Geographic Information System (GIS) Data Access and Distribution
Chapter 19.01 General Provisions and Definitions
19.0101 Purpose. This Ordinance is promulgated under specific statutory
authority of Chapter 7-18A-3 of the South Dakota Codified Laws. It is the intent
of this ordinance to monitor by regulation and policy, the sale and distribution
of GIS data and information pursuant to the GIS Coordinator and Steering
Committee. The policies and procedures under this ordinance are intended to be
prospective in nature.
19.0102 Title. This portion of the Brown County Ordinances shall be now cited
and referred to as Title 19 – Geographic Information System (GIS) Data Access
and Distribution.
19.0103 Definitions. For the purpose of clarity in this title or in subsequent
data Restrictive Release Statements, the following terms are defined:
Agency. A synonym for “public agency,” or “government agency.”
Data Custodian. A synonym for data Steward.
Data Owner. The entity that holds the valid copyright for the subject data.
Derivative Data or Products. All works created by the Licensee which incorporate
all or part of the Steward’s data, including, but not limited to, a revision,
modification, translation, abridgement, condensation, expansion, collection,
compilation, or any other form of, or modification to, the Steward’s data.
dGI. digital Geographic Information, a synonym for geospatial data.
Geospatial Data. The digital, geographic and location-based information,
including related attribute records, data files, and metadata that are stored
and maintained in the Data Owner’s or the Steward’s computer systems.
Geodata. A synonym for geospatial data.
GIS. Geographic Information System, the collection of computers, software,
databases, and data that enable geospatial data to be received, manipulated,
displayed, and distributed.
Licensee. Any recipient of the Steward’s data that has agreed in good faith to
the terms of the License Agreement, and is conducting data related activities
accordingly.
Metadata. Information that describes geospatial data, such as the contact person
in the data owner’s agency, the contents of the dGI database, the data accuracy,
projection, currency (date of capture), and format of the data.
Steward. The public agency responsible for the distribution of information used
or collected by a public agency or government that is deemed to be public record
- in this case, <name of public agency>. The data Steward may also be
responsible for the collection, maintenance or update of an Agency’s data. The
Steward may or may not also be the data owner.
Steward’s Data. A synonym for geospatial data.
Chapter 19.02 Authority and Oversight
19.0201 GIS Department. The GIS Department shall designate, develop, implement
and maintain a Geographic Information System (GIS). GIS data and media shall be
defined in writing by the GIS Coordinator and shall consist of printed media and
digital data that has been created, collected, formatted, manipulated or
otherwise maintained by the Brown County GIS Department or a designee thereof.
The GIS will primarily be used by the various agencies of Brown County. The GIS
Coordinator or a designee thereof shall provide oversight for access to GIS data
by internal Brown County departments, employees and elected officials.
19.0202 GIS Steering Committee. A GIS Steering Committee shall be developed to
review applications and grant authorization for access and dissemination of GIS
data by external persons or entities. The GIS Steering Committee shall consist
of the following core persons or designees thereof:
1) Brown County GIS Coordinator, Committee Chairman
2) Brown County Equalization Director
3) Brown County Planning and Zoning Director
4) Brown County Data Processing (IT) Director
5) Brown County Commissioner
The GIS Steering Committee shall meet at least once each calendar quarter with
special meetings to be called by the Committee Chairman as the need arises.
Other individuals may be asked to participate in Steering Committee meetings but
may not vote unless attending as a designee of one of the aforementioned core
persons. For access to GIS data to be granted, a quorum of the GIS Steering
Committee (at least 3 members) must approve a request in writing.
Chapter 19.03 Data Recipients
19.0301 Classes of Recipients. Brown County, as a GIS Data Steward, intends to
make its geospatial data available to all interested parties who agree to the
terms of its Restrictive Release Agreement. The Steward reserves the right to
differentiate the type of data and data services, as well as the price and the
priority for service response, to be provided to each of the following classes
of data recipients:
Value Providers. Includes data and cost sharing partners, emergency service
providers, public agencies offering services or data in return for use of the
Steward’s data, or agencies whose mission is integral to the Steward’s mission.
Data Redistributors. Private companies that ‘value-ad’ and re-sell the Steward’s
data and public agencies that redistribute the Steward’s data. (See the “Data
Redistribution” section).
Data User. All other recipients including other public agencies, private
agencies and private companies that do not redistribute data, non-governmental
and non-profit organizations, educational and research institutions, news media,
students, and private citizens.
Chapter 19.04 Data Distribution Methods, Services and Fees
19.0401 General. The Steward intends to make its geospatial data available
through one or more of the following methods pursuant to the Restrictive Release
Agreement and depending on the availability and capability of the GIS staff, the
availability and capability of licensed data re-distributors, and the
availability and capability of such internet-based applications as it deems
practical and affordable:
1) Copies of the GIS databases in the GIS format used by the Steward (or
translated into a specified standard format), to be provided in such electronic
output media as the Steward is capable of producing (for example, CD, tape or
disk). [Steward-Owned]
2) Copies of the GIS databases in the GIS format used by the Steward (or
translated into a specified standard format), to be provided as downloadable
files through a File Transfer Portal (FTP) via the internet. [Steward-Owned]
3) Read and Write/Update access to authorized data partners, distributed via
methods to be determined on a case-by-case basis. [Steward-Owned]
4) Special requests for information, analysis, or data products, which are
subsets of the Steward’s digital GIS databases (e.g., custom data services,
including data extraction, translation, reformat, or reclassification of data).
5) Read-only access to the GIS databases (via the internet) through special
application programs commissioned by the Steward. These programs will allow
selective query and display of the data as well as printing of maps and data
tables, but will not grant access to downloading or copying of the database.
19.0402 GIS Standard Data Products and Pricing List. In order to facilitate the
exchange or translation of data among different GIS system formats, the Steward
shall maintain a database, which shall include a current list of the Steward’s
GIS data, products and pricing including designations of ownership, privacy and
security restrictions. The list shall be amended as necessary by the GIS
Department and annually reviewed and approved by the GIS Steering Committee.
This document may be used for internal management of the Steward’s data
resources and to inform data requesters and data Licensees so that they may use
the Steward’s data effectively. The GIS Data Product List may include, but is
not limited to, themes, layers and features of mapped elements and corresponding
key-linking and descriptive attributes. The List should include the spheroid,
datum, and map projection for each theme or layer. The List should also include
tables that diagram the contents of data records, the linkages between record
types, and the linkages between related databases that store information
pertaining to the mapped features.
The GIS Data should but is not required to embed suitable descriptive
information (metadata) into data files so as to enable other GIS systems to read
and translate the data. Such capabilities shall be employed whenever practical.
The data Steward shall utilize database standards in structuring and identifying
its database contents whenever practical and feasible. Such standards include
those published by the Federal Geographic Data Committee (FGDC) as well as
others.
19.0403 Fees for GIS Data. The Brown County GIS Steering Committee may grant to
other government entities, institutions, organizations or individual’s access to
GIS web-based data at no cost to the government entities, institutions,
organizations or individual; to be determined by the GIS Steering Committee.
If distribution of specific GIS data is approved by the GIS Steering Committee,
the GIS data shall be available in either paper format or in ESRI Shape File or
Geodatabase digital format, whichever has been requested and approved.
Fees for specific GIS data sets, preparation costs including an hourly
Customization Fee for custom data services including data extraction,
translation, reformatting or reclassification of data and Standard Product Fees
including digital or paper media among others shall be set and adjusted
annually, as necessary, by the GIS Steering Committee. A database of individuals
and organizations having access to GIS data sets and any fees collected in
association with access to such will be administered by the Brown County GIS
Department.
19.404 Subscriptions to Web-Based GIS Data. All GIS subscriptions issued
pursuant to
this section shall be executed by the person or entity requesting the full web
based GIS site access. The subscription fee shall be set and adjusted annually,
as necessary, by the GIS Steering Committee. A database of individuals and
organizations having access to the web-based data and any fees collected in
association with access to such will be administered jointly by the Brown County
Equalization and GIS Departments.
Chapter 19.05 License Agreement
19.0501 Restrictive Release Agreement. Requests for GIS data must be accompanied
by a GIS Services and Data Request Form (available upon request) to be completed
by the person or entity (or designee thereof) requesting the data. Specific
intentions for access to and dissemination of the data must be provided within
each request. Members of the GIS Steering Committee or their designees shall
either approve or deny any written request for the proposed use of the GIS data.
19.0502 Copyright and Copyright Notice. The public agency, Data Owner, or its
Steward, asserts its right to regulate the distribution of its data through its
claim of ownership as a copyright. All title, ownership, and intellectual
property rights which may exist or be created with the geospatial data shall
remain with the Owner.
The organizational structure of the GIS databases, the coding of the GIS
databases, the format of the GIS databases and the graphic design of its maps
are the property of data Owner, as registered and protected by U.S. copyright
statutes and treaties.
All publications, including via the internet, using any of the Steward’s data
for release to the public or to others outside the Licensee’s organization or
using geographic information derived from the Steward’s data and identifiable
there from must include a copyright notice such as:
“Copyright, <dd/mm/yyyy>, <Brown County, SD>” or
“Derived from data that is Copyright, <dd/mm/yyyy>, <Brown County, SD>”
19.0503 Data Security and Oversight. If written permission is granted, the data
requestor will keep and maintain the GIS data in a secure manner, will keep a
record of the location of the GIS data, and will return the GIS data to Brown
County or destroy the GIS data and inform Brown County of the same upon the
cessation of the use of the GIS data.
The data requestor will have an ongoing and continual duty to notify any
employees, agents, contractors or other individuals having access to the GIS
data as a part of the requestors authorized use of the GIS data of the
restrictions set forth in this section and in the Written Permission Form, and
to ensure that the employees, agents, contractors or other individuals comply
with the same.
19.0504 General Disclaimer. All subscription holders, data requestors and the
public acknowledges and understand that GIS data is not a legally recorded map,
survey, or legal document and that GIS data may contain errors; the GIS data is
for reference only and the subscription holders, the public and data requestors
will not use or rely upon the GIS data in any other way.
Further, all subscription holders, data requestors and the public acknowledge
and understand that Brown County has provided the GIS data on an “as is” basis
and makes no representations, guarantees or warranties whatsoever regarding the
GIS data whatsoever, including but not limited to representations, guarantees or
warranties that the GIS data is fit for any purpose, or is accurate, complete or
correct; and further that Brown County expressly disclaims any and all liability
of any nature whatsoever arising out of any use of the GIS data by any person or
entity.
19.0505 Data Corrections and Additions. Users of the Steward’s dGI that correct
errors in the data, or that update the data with more current information, shall
make these modifications available to the Steward. These data updates,
additions, revisions, or corrections shall be provided in a format compatible
with the format from which the data were received from the Steward.
Licensees of the Steward’s dGI that create or modify additional themes, layers,
features or data elements based on, or in reference to the Steward’s data, shall
make these additions available to the Steward, provided they are not the
exclusive, proprietary interest of the Licensee. These data additions shall be
provided in a format compatible with the Steward’s data format. The Licensee
assesses these exchanges of data to be of equal value to both parties.
19.0506 Release of Indemnity. All subscription holders, data requestors and the
public shall defend, release, indemnify and save and hold harmless Brown County
and its officers, agents and employees from any and all claims, damages,
demands, liabilities, losses, actions, suits, costs, expenses, legal fees,
judgments, causes of action, or other legal, equitable or administrative
proceedings of any kind whatsoever, of or by anyone whomsoever, regardless of
the legal theory(s) upon which premised, which in any way result from, are
connected with, or arise out of, directly or indirectly, the actions or
omissions of any person or entity in connection with any use of the GIS data
obtained by any person or entity; from Brown County, whether such use is
authorized or unauthorized, by any person or entity, including actions or
omissions of any person or entity; officers, employees, agents, representatives,
invitees, subscription holders, data requestors sub-consultants, or any other
individual obtaining access to the GIS data provided by Brown County to the
subscription holders, data requestors or the public;
19.0507 Penalty for Improper Acquisition or Misuse. It shall be a Class 2
misdemeanor for any person or entity, to acquire, maintain, or use for any
application the GIS data without first obtaining a subscription to the data or
by completing and having approved by the GIS Steering Committee a Restrictive
Release Agreement thereby granting access to the GIS data under the conditions
set forth in this ordinance.
19.0508 Unauthorized Use. The subscription holders and data requestors shall,
upon request from Brown County, use its best efforts to assist Brown County in
identifying any unauthorized use of the GIS data by any person or entity that
may have gained possession of the GIS data provided by the Brown County to the
subscription holders or data requestors.
19.0509 Causes for Injunction. The subscription holders or data requestors
acknowledges and understands that any use it makes of the GIS data that is not
in compliance with this section or provided for by a subscription or Written
Permission will cause irreparable harm and significant injury to Brown County
and that Brown County may seek and obtain injunctive relief against the
subscription holders, data requestors, or any person or entity, for acting or
threatening to engage in or facilitate the unauthorized use of the GIS data, in
addition to any other equitable or legal remedies that may be available to Brown
County.
Chapter 19.06 Data Redistribution and Third Party License
19.0601 Sublicensing. Any individual, organization or agency that has obtained a
subscription to GIS web-based information from Brown County shall not
sublicense, assign, lease, post on the internet, transfer, sell, abuse or intend
to abuse as to commit harm, allow the use of, permit access to, distribute,
allow interactive rights to, or otherwise make the GIS data available to any
other person or entity except as specifically provided for in the Written
Permission Form and authorized by the GIS Steering Committee.
19.0602 General. Recipients of the Steward’s data (Licensees) may not
redistribute or re-sell the Steward’s data to third parties unless they notify
the Steward they intend to do so and agree to the relevant terms of the License
Agreement, specifically, payment of a resale royalty fee, and the requiring of
third party recipients to sign a similar License Agreement protecting the rights
of the Steward. Licensees that sell or distribute the Steward’s data to third
parties shall obtain their agreement to the same licensing terms as are stated
herein. Third parties shall sign a similar License Agreement with the Licensee.
Third parties shall not be permitted to redistribute or resell the data unless
they sign a License Agreement with the Steward.
19.0603 Derivative Data or Products. The Steward retains all rights pertaining
to its data, particularly those regarding its redistribution or resale. So long
as its data remains an identifiable and extractable subset of the Licensee’s
data or products, such data or products will be considered “derivative” of the
Steward’s data. (For example, re-printing the Steward’s base maps in a more
convenient size, and display format).
Any portion of the geodata or its derivative products that are modified or
merged into another computer file by the Licensee, so as to form a separate
entity the original contents of which are unidentifiable and extractable, shall
be considered a separate product, free from the provisions of the License
Agreement, so long as it is in no way associated with the Steward. (For example;
a hazardous materials storage site suitability map comprised of data from many
agencies that has been overlaid, merged, and reclassified).
Non-derivative products would incorporate the Steward’s mapped features with
mapped features and descriptive attributes from other sources in such a way that
the original data themes or layers are indistinguishable.
19.0604 Value Added Services. Licensees are permitted to create application
programs that query and analyze the Steward’s data and produce specific products
there from. These are considered to be value-added services, not subject to the
Steward’s rights regarding data redistribution. (For example; a printed map of
boat ramp locations or an on-line guide to restaurants).
Chapter 19.07 Severability and Separability
Should any Section, Sub-section or Provision of these GIS Regulations be
declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of the GIS
Ordinance as a whole or any part thereof other than the part so declared to be
invalid or unconstitutional.
Chapter 19.08. Fees for GIS Data.
Products, Services and Fees set forth in this ordinance will be reviewed by the
GIS Director and the GIS Steering Committee in an effort to remain comparable to
fees offered in other or similar jurisdictions. The Brown County Board of
Commissioners shall approve and set all fees by Resolution.
Notice of Hearing April 22 & 29, 2009
Passed First Reading May 5, 2009
Passed Second Reading May 12, 2009
Adopted May 12, 2009
Published May 20, 2009
Effective Date June 9, 2009
Tom Fischbach, Chairman
Brown County Commission
ATTEST:
Maxine Taylor, Brown County Auditor