NIU students and DeKalb residents soon might be without the headaches of finding their cars towed by Northern Illinois Towing, because the company's owner has begun removing towing signs from local apartment and business complexes.

Michael Fitzgerald, owner of NI Towing, said he has become increasingly discouraged over the legal problems he has faced due to the number of cars towed from local "no parking" lots.

Lawsuits filed against the company have resulted in legal fees totaling more than $10,000. Fitzgerald said these expenditures have created financial problems for him and his business.

"I won't be able to stop (towing) right now, but I have removed my signs from Amber Manor (apartment complex) and from other areas," he said.

Fitzgerald has been convicted on four counts of unlawful towing practices resulting from complaints filed by people whose cars were towed by his company. Incidents have occurred involving illegal towing of cars bearing permits, towing without the permission of property owners, and failure to provide a written statement informing the vehicle owner of their rights and means of recourse, according to court records.

Fitzgerald said the problem began in March, 1987, when the DeKalb City Council passed an ordinance limiting the legal towing service charge to $35. The ordinance also required any private towing company to remain open 24 hours a day so people could retrieve their towed cars.

After the ordinance was enacted, Fitzgerald and his attorney, James Minnihan, filed suit claiming the ordinance was unconstitutional. Placing restrictions on private businesses is illegal, they said.

However, DeKalb City Attorney Ron Matekaitis said the ordinance is necessary due to unclear and confusing towing charges and policies in DeKalb.

"The previous system was difficult for people whose car was towed to know what fees would be charged. Some disagreement and concern over charges and policies made it (the ordinance) necessary.

"In order to give people a definite price, if they were legally towed, we needed some kind of certainty in price," he said.

Fitzgerald has said the ordinance was designed to harass him and will eventually put him out of business. He said a towing business cannot profit with a service charge limit and the 24-hour policy that accompanied the limit.

"I won't tow for $35," Fitzgerald said. "I'll tow for $50 to $60 a tow, but I will not tow for $35. I want to work from nine to five and lead a normal life."

Fitzgerald said due to the 24-hour towing policy, he must either pay employees to work all night or he'll respond to late-night towing calls himself.

Matekaitis rebutted Fitzgerald's remarks by saying harassment is not an issue "unless he thinks four guilty verdicts are harassment."

Three cases against Fitzgerald have been dropped due to the unavailability of witnesses. However, Fitzgerald said the four convictions of unlawful towing practice have placed a financial burden on him.

"I don't know for sure if I will stop all towing," he said. "But since no one appreciates my business, I'm considering getting out of the business."