Under the revised DeKalb City “towing policy” ordinance, people who ignore warning signs and park without authorization will pay no more than $45 to recover towed vehicles.

At its regular meeting Monday night, the DeKalb City Council passed an ordinance amending the city’s towing policy and settled for now the towing issue which has fueled much debate.

Under the newly amended ordinance, relocators may charge a fee of $35 and may charge an additional $10 for release between 12:01 a.m. and 6:59 a.m. The $10 additional charge also applies to vehicles released on Sundays or legal holidays.

The council approved the $35 fee despite City Manager Mark Stevens’ recommendation that the fee be set at $45. Stevens said the $35 rate was on the low end of the scale of rates charged by towing companies in the northern Illinois area.

Student Association Tenant Union Advisor Carey Ward said, “We did gain some ground” on the towing issue, but said the issue “is not dead.”

Eliminated from the new ordinance is the provision for a post-tow hearing for car owners who believe their vehicles were towed illegally. The council eliminated the hearing, which was conducted by the city manager under the old ordinance, because the city wants to minimize its involvement with towing.

At a March 2 special meeting, Ward told the council the post-tow hearing was an essential feature of the towing policy and one that is necessary to protect the rights of vehicle owners.

Ward also said problems still exist in the towing policy which will continue to “loom as issues.” He said it was possible that the ordinance would be revised again if it becomes clear the new ordinance doesn’t reduce the city’s involvement. Ward said such future revisions could leave vehicle owners with even less protection.

Students’ Legal Assistance Director Don Hendersen, who spoke at Monday’s meeting, echoed Ward’s concern. He said, “With the elimination of post-tow hearings, my concern is whether the ordinance, as amended, will provide a remedy for the violation of their (vehicle owners’) rights.”

An amendment, proposed by 7th Ward Alderman Jay Stein and supported by Ward and Hendersen, would have allowed car owners to recover attorney fees incurred in a civil action to recover towing charges, as well as whatever damages could be proven. However, the amendment was voted down by the council.

Instead the council voted to include language in the ordinance allowing the city attorney to request restitution of towing fees on behalf of car owners after it has been determined through the city attorney’s prosecution of ordinance violations that a car has been improperly towed.

First Ward Alderman Ron Matekaitis said a violation of the towing ordinance is no different from a violation of any other ordinance, and since the city attorney has the responsibility of prosecuting those actions, aggrieved vehicle owners will not be deprived of their day in court.