Naperville's new towing fees get mixed reactions

Under sharp criticism from some Naperville city councilmen - including one who likened it to extortion - a three-tiered towing fee program that will fine the owners of any car that is towed because of its use in a crime, was approved on Tuesday.

The crimes covered in the new ordinance range from warrant arrests from failing to appear at a court date to felonies such as homicide, sexual assault and possession of cannabis.

Councilman Robert Fieseler said the law will essentially kick people when they are down in an effort to make money. In the proposal put forward by police Chief David Dial, a reason cited for the ordinance was to create a new revenue source for the city.

"I was surprised at the lack of support there was for going easier on people," Fieseler said. "Does this mean, if these were good times, we would say we don't care that somebody used the cars in the commission of a crime? It is a form of extortion."

Dial said the administrative fees involved in processing the tows justified the fines. He said the proposal was necessary to avoid any staff cuts.

"Instead of cutting staff to make up for revenue, or increasing taxes, we will let the criminals do it," he said.

The measure passed by a 6-to-2 margin, with councilman Richard Furstenau joining Fieseler in the objection.

The new ordinance will fine the owners of the cars $150 for each warrant arrest, $300 for misdemeanors and $500 for felonies.

Mayor George Pradel said he was pleased with the new law.

"I think if you are going to commit a crime, you have to realize you are going to pay the price," he said.

In a sometimes heated exchange during the meeting, Fieseler said the fines were essentially punishing someone before they had gone through their due process.

After Dial brought up the O.J. Simpson case, saying his wrongful acquittal indicated that perhaps cause should be enough to determine whether a fine sticks or not - defending the line in the proposal that makes anybody proven innocent go through a court hearing to get a refund - Fieseler said the wrongful convictions of Rolando Cruz and Alex Hernandez in the Jeanine Nicarico murder case could be used as an example that police departments everywhere also sometimes make mistakes.

"We have overlooked the presumption of innocence," he said. "We're going to impose towing fees based on the arrest, and we are not perfect in making arrests."