Six charges of unlawful towing practices by the City of DeKalb against Michael Fitzgerald, owner of NI Towing, will be heard at a jury trial Oct. 26.

James Minnihan, Fitzgerald’s attorney, said Fitzgerald has entered a plea of not guilty to the six “nuisance” charges. Fitzgerald, referring inquiries to his attorney, would not comment on the charges.

Court records state NI Towing has been charged with removal of a vehicle from an authorized parking spot in the Amber Manor parking lot, 807—833 Ridge Road. A second count charges Fitzgerald with failure to provide a written statement, in the form provided by the city, to inform the vehicle owner of his rights and means of recourse and the role and responsibility of the city prior to the acceptance of towing fees and release of vehicle.

Court records state Fitzgerald has been charged with two counts of removing vehicles from private property without having first obtained written authorization of the property owner or other person in lawful control or possession of property.

A fifth count charges Fitzgerald with failure to post name, business address and phone number of the city manager or his designee to which inquiries or complaints may be sent.

Records state the sixth count was filed against Fitzgerald for the denial of immediate release of a relocated vehicle after the owner demanded release and proper payment was made.

In addition to the six charges of unlawful towing practices, Fitzgerald also has been charged as having been in violation of a DeKalb zoning ordinance.

Records state Fitzgerald has entered a plea of not guilty to this charge and has consented to a trial by court without jury, which is set for Sept. 20.

DeKalb City Attorney Ron Matekaitis said four previous charges against Fitzgerald were dismissed because witnesses were unavailable. He said another charge led to a conviction in which Fitzgerald was ordered to repay the towing amount. Another charge is still pending which involves a civil suit against the city by Fitzgerald, Matekaitis said.

Minnihan said his client has filed an independent civil suit against DeKalb which challenges the grounds of a statute requiring all private towers to be open 24 hours a day and setting a service charge of $35 for each tow.