City vs. Towing, round 35.07
January 28, 2003
Signs are posted in the lots sporting phrases like “Tow Risk Area” or “No parking except for authorized vehicles.”
For students who do not know, there is a city ordinance that limits the fines imposed by the towing companies.
According to the opening line of Chapter 35 of the DeKalb municipal codes, “It is hereby declared to be policy of the city of DeKalb, Ill., to supervise and regulate the commercial relocation of trespassing vehicles from private property.”
Essentially, the City of DeKalb makes the rules for the towing companies that tow for privately owned apartment complexes.
A copy of the ordinance is available at the City of DeKalb Web site at www.cityofdekalb.com.
Bill Wishard, owner of A to Z Towing Inc., which provides towing services to many apartment complexes, said the company follows municipal code in its charging rates.
Section 35.07 of the city municipal code deals specifically with relocation, or towing fees.
“It shall be unlawful for a commercial vehicle relocator to impose a charge for the relocation of a vehicle in excess of $55,” according to the municipal code.
It also is unlawful for a towing company to impose any charge or fee other than those authorized in section 35.07.
“I recommended the tow fee go up to $100,” said Jim Mason, owner of Mason Properties.
As per city code, it is unlawful for a property owner to employ a towing company unless the owner has a properly posted sign.
The signs must be approved by the director of community development or his designee and be completely visible at all times.
A complete list is outlined in section 35.05 in the municipal code.