Why Carpentersville is out $110,000

A controversial law that was supposed to bolster Carpentersville revenues and enhance public safety has never gotten off the ground.

The impound ordinance adopted in October permits the village to impose a $250 fee for the return of vehicles seized in certain situations.

Based on police figures for the first four months of this year, the ordinance could have generated about $110,000.

But that revenue was not collected, as the village has not applied the ordinance because an administrative adjudication court has not yet been established.

The court is needed since the law provides that violators may contest the ticket.

"Until we get that system in place we won't be able to implement the ordinance," said Village President Bill Sarto, who said he was unaware the process was needed before police could apply the ordinance. "It would behoove us to get it going sooner rather than later."

Village Manager Craig Anderson said action on the arbitrator is expected in the coming weeks.

Anderson and three other village staff members will attend an administrative adjudication seminar Wednesday in Oak Park, one of several local municipalities to adopt the legal method.

"Once we go to the seminar we will come back with some recommendation one way or another," Anderson said. "If we decide we will not go with the administrative adjudicator, then we will amend the ordinance to put some other hearing procedure in place."

The village did set aside $20,000 in the 2008-2009 fiscal year budget for an adjudicator who would oversee the proceedings, said Trustee Paul Humpfer, who also said he was unaware of the adjudicator requirement.

While state law authorizes police to impound a vehicle if a driver is caught driving under the influence of alcohol or drugs, or without a valid driver's license and insurance, the Carpentersville ordinance requires the owner to pay a $250 administrative fee to retrieve the vehicle.

Police cannot seize the vehicle if a legal driver is present, or if the vehicle is legally parked.

Through April of this year, police issued 62 tickets for driving under the influence, 339 citations for no license and 39 citations for driving with a suspended or revoked license, Police Cmdr. Michael Kilbourne said Thursday.

The number of motorists caught driving without valid insurance was unavailable Thursday.

Carpentersville's impound measure is similar to initiatives in Chicago, Elgin, Roselle and Waukegan.

In October, trustees voted 6-1 in favor of the impound ordinance.

Supporters said the measure would make streets safer and generate revenue for the village, while opponents said the ordinance is part of an effort to target a certain segment of the population.