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Village mulls new towing fees

By Marissa Bruno, mbruno@mysuburbanlife.com
Posted Oct 07, 2010 @ 02:47 PM
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People arrested for traffic-related offenses in Bartlett might also be slapped with a hefty impound fee for their vehicle to be towed in the near future.

Under the proposed ordinance being considered by the Village Board, people arrested for crimes including driving under the influence, driving with a suspended license, street racing, fleeing police, drug offenses and reckless driving would be charged $400 for their vehicle to be towed.

In determining the amount to charge, Bartlett Police Chief Dan Palmer said officials planned the fee to cover the tow cost as well as recoup some of the expense to the village when a physical arrest is made.

During an arrest, an officer has to wait with the vehicle while it’s being towed, a use of time which Palmer said has become costly for the village.

“In the grand scheme of different things that the Police Department does, I thought this would probably be the least offensive (solution),” he said. “I thought that (the impound fee) would be a little more palatable in terms of fines applied to these situations.”

The Village Board heard Palmer’s recommendation to amend the towing ordinance at its Tuesday night meeting. The board originally was introduced to the plan during the budget process in the spring.

The impound fee also would apply to vehicles determined to be abandoned, hazardous or illegally parked.

Bartlett attorney Bryan Mraz recommended a licensed attorney be appointed by Village President Mike Kelly, with consent of the board, to oversee pre-tow and post-tow hearings as needed.

According to the proposed ordinance amendment, the village must notify the vehicle’s owner before impounding the car, at which point a pre-tow hearing can be requested if the owner believes the tow occurred without probable cause. Police also must notify the owner and the lien holder, when applicable, via certified mail for a post-tow hearing within 10 days of the vehicle being impounded.

Mraz said a hearing must be requested within 24 hours after an arrest or within seven days of village notice in cases not involving an arrest.

The vehicle’s owner must pay the $400 fee before the vehicle can be released, regardless of whether it was wrongfully towed, Palmer said.

If the towing later is determined to be unlawful, Mraz said a refund would be sent to the car’s owner and any additional storage fees would be waived.

People arrested for traffic-related offenses in Bartlett might also be slapped with a hefty impound fee for their vehicle to be towed in the near future.

Under the proposed ordinance being considered by the Village Board, people arrested for crimes including driving under the influence, driving with a suspended license, street racing, fleeing police, drug offenses and reckless driving would be charged $400 for their vehicle to be towed.

In determining the amount to charge, Bartlett Police Chief Dan Palmer said officials planned the fee to cover the tow cost as well as recoup some of the expense to the village when a physical arrest is made.

During an arrest, an officer has to wait with the vehicle while it’s being towed, a use of time which Palmer said has become costly for the village.

“In the grand scheme of different things that the Police Department does, I thought this would probably be the least offensive (solution),” he said. “I thought that (the impound fee) would be a little more palatable in terms of fines applied to these situations.”

The Village Board heard Palmer’s recommendation to amend the towing ordinance at its Tuesday night meeting. The board originally was introduced to the plan during the budget process in the spring.

The impound fee also would apply to vehicles determined to be abandoned, hazardous or illegally parked.

Bartlett attorney Bryan Mraz recommended a licensed attorney be appointed by Village President Mike Kelly, with consent of the board, to oversee pre-tow and post-tow hearings as needed.

According to the proposed ordinance amendment, the village must notify the vehicle’s owner before impounding the car, at which point a pre-tow hearing can be requested if the owner believes the tow occurred without probable cause. Police also must notify the owner and the lien holder, when applicable, via certified mail for a post-tow hearing within 10 days of the vehicle being impounded.

Mraz said a hearing must be requested within 24 hours after an arrest or within seven days of village notice in cases not involving an arrest.

The vehicle’s owner must pay the $400 fee before the vehicle can be released, regardless of whether it was wrongfully towed, Palmer said.

If the towing later is determined to be unlawful, Mraz said a refund would be sent to the car’s owner and any additional storage fees would be waived.

Palmer said he hopes the amended ordinance makes a distinction between minor and criminal offenses.

Trustee Michael Airdo agreed differentiation is needed, adding that the fee should be more strictly enforced in cases of negligent offenses such as DUI as opposed to situations of “silly conduct.”

“This is stuff we don’t want going on in our village,” Airdo said. “As an extra deterrent ... you’re going to pay us a fee for the hassle. It’s a rational explanation on a rational basis.”

What’s next
The Village Board will vote on the towing ordinance at its Tuesday, Oct. 26 meeting, with projected implementation targeted for Nov. 1.

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