The issue of towing generated more controversy Monday when one of DeKalb’s three licensed relocators voiced satisfaction with the city’s new towing ordinance.

Bill Lovett, of Lovett’s Towing, 1154 S. Fourth St., said the DeKalb City Council acted reasonably in setting a maximum towing fee of $35 with an additional $10 fee chargeable for night release of towed vehicles. The previous ordinance did not set a limit on towing fees.

Kenny Elliot of Pat’s Towing, 205 Industrial Drive, and Mike Fitzgerald of Northern Illinois Towing, 2615 Sycamore Road, both said last week that the city is without legal authority to regulate towing rates.

Elliot said Pat’s “positively” will sue the city over the new ordinance, and Fitzgerald said he was in contact with his attorney and is considering a lawsuit.

On the merits of a lawsuit against the city, Lovett said, “He (Elliot) doesn’thave a leg to stand on.”

Lovett, whose rates of $20 for a basic tow and $30 for night service are below the maximum rate set by the city, said he has no problem making a living in the towing business.

Assistant City Manager Gary Boden would not comment on the legal aspects of the ordinance, saying he would defer to City Attorney Jerry Shapiro’s opinion on the question.

Boden said he had no idea whether a lawsuit could follow, but said, “If a lawsuit comes about and the determination is made that we don’t have the authority, then we don’t. If the determination is made that we do, then we do.”

The ordinance is modeled after a regulation in place in Normal, Illinois, Boden said. In that respect, he said DeKalb’s ordinance parallels what is happening elsewhere in the state.

“It’s proper for the city to regulate towing rates. The constitution and statutes give the city that right,” Shapiro said.

Shapiro also said the real question is not whether the city has the right to regulate towing, but whether or not the rates set are reasonable.

In response to Elliot’s earlier statement that the new ordinance would have the effect of regulating towing companies out of business, Shapiro said, “The intent of the ordinance is not to do that. The intent of the ordinance is to establish reasonable rates for towing.”

Lovett, who recently obtained a relocation license, said he prefers not to perform relocation service, but got into the business to prove the point that it can be done, and a profit can be made under the new ordinance.