HomeMy WebLinkAbout2008-OR-35Ordinance No. 2008-OR-0035
An Ordinance Establishing Fees For
Copies of Photographs Taken By The
Jeffersonville Police Department At Accident Scenes
WHEREAS, the Jeffersonville Police Department responds to the scene of
countless motor vehicle accidents during the course of a year;
WHEREAS, in many instances the locations of those vehicles involved in those
collisions offer critical evidence in the determination of a myriad of legal issues in both
civil and criminal cases;
WHEREAS, the Jeffersonville Police Department, on occasions, takes
photographs at the scene of automobile collisions. However, the Department does not
have an established policy regarding this issue;
WHEREAS, in order to assist the Clark County Prosecuting Attorney and/or any
citizen-taxpayer in determining those legal issues that may arise subsequent to an
automobile collision it is necessary that the Jeffersonville Police take photographs at
the scene of auto collisions;
WHEREAS, the Jeffersonville Police shall make these photographs available to
the general public as a public records document much as the accident report itself;
WHEREAS, the Jeffersonville Police Department shall, as with the accident
report, have the ability to assess a fee for the reproduction of said photographs;
WHEREAS, the cost associated with taking the photographs and reproducing
same shall also include those man hours as well as the cost of the CD and/or other
device that the reproductions shall be placed;
WHEREAS, the cost shall be born by the party requesting this information;
SO, BE IT ORDAINED THAT:
SECTION ONE: The Jeffersonville Police Department, its agents and/or assigns,
shall take photographs at the scene of those auto collisions that it
shall be obligated to respond to in the course of their professional
duties;
SECTION TWO: These photographs shall be treated as public records pursuant to
Pagc I oC 2
those same rules and procedures associated with the reproduction
and maintenance of the Standard Crash Report;
SECTION THREE: The photographs shall be made available to the Clark County
Prosecuting Attorney and/or any other law enforcement agency at
no cost;
SECTION FOUR: The photographs shall be made available to the public, pursuant to
the Indiana Open Records laws, at the minimum cost of Twenty
Five Dollars ($25~;
SECTION FIVE: The Jeffersonville Police Department shall have the authority to
assess additional costs based upon the number of photographs
and the additional time necessary to reproduce same;
SECTION SIX: The City of Jeffersonville, Indiana, by making these photographs
available assumes no liability for their use, reproduction or
submission to any other agency, organization or entity. Moreover,
the City of Jeffersonville, by making these photos, does not
assume the duty of insuring the accuracy thereof. The City
assumes no liability nor does it represent that it shall be liable for
any subsequent uses of said photographs;
SECTION SEVEN: If any provision of this Ordinance or application thereof to any
person or circumstance is held unlawful or othervvise invalid such
invalidity does not affect other provisions or applications of this
Ordinance which can be given effect without the invalid application
or provision and to this end each such invalid provision or
application of this Ordinance is severable it is hereby declared to
be the intent of the Jeffersonville City Council that this Ordinance
would have been issued had any such unlawful or otherwise invalid
provision or application not be included.
SECTION EIGHT: The monies collected as a result of assessing said fees shall
be deposited in the Jeffersonville Police Department Non-
Reverting Training Fund.
Page 2 of 2
Severabilit Clause:
Should any section., paragraph, sentence, clause or phrase of this ordinance. or its application
to any person or circumstance., be declared unconstitutional or otherwise invalid for any reason.
or should any portion of this ordinance be preempted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Voted Against:
Passed this day of J u~~ , 2008.
T
yo Thomas Ga li~
Attest:
Peggy Wilder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
City of Jeffersonville, Indiana on this day of , 2008.
Peggy Wilder, Clerk-