Impound plan on road to becoming law

A proposal to make drivers pay a hefty fee for the return of their impounded vehicles is en route to becoming law in Carpentersville.

Village trustees voted 4 to 3 Tuesday in favor of drafting an ordinance that would compel police officers to impound cars of motorists driving under the influence of alcohol or drugs, or without a valid license or insurance.

Local police already tow vehicles in certain situations, but under the proposed law drivers also would pay the village an administrative fee.

Trustees will vote on adopting the law at an upcoming board meeting.

Though the fee amount is not yet determined, trustees have said it could cost up to $500, plus all related towing and storage expenses.

The hundreds of residents that converged on the last board meeting to protest the idea steered clear Tuesday, leaving trustees to butt heads over the proposal for about 40 minutes.

Supporters of the proposed law say it is a deterrent to drivers who break the law, as well as a potential revenue source for the village. But those who voted against it Tuesday night say the measure would target a single group of people.

"I think this is a deterrent for people who drive without a license and insurance, knowing the penalties will be severe if they are caught in Carpentersville," Trustee Paul Humpfer said. "I think it is a good tool. I don't see any deterrent out there."

However, Village President Bill Sarto said the proposal is another slight against Hispanic residents, who make up about 40 percent of the village's population.

"If this is not targeting people, why not impound vehicles of drivers speeding through a school zone, going around railroad crossing gates, speeding through the stop arm on a school bus, or those who don't pull over for emergency vehicles?" Sarto said. "I see this as targeting Hispanics since they are the ones who are most often on the roads without a license or insurance."

Police Cmdr. Michael Kilbourne said in the first six months of this year, police issued 983 citations for driving without a license and 974 citations for driving without insurance.

The impound measure is similar to initiatives in nearby cities like Chicago, Elgin, Roselle and Waukegan.

Under the Elgin law, drivers must pay a $250 fine plus all related towing and storage expenses before their car will be released.

A newly adopted ordinance in Chicago that allows police to take vehicles of drivers with expired or suspended license is expected to bring in $25 million a year in revenue.

There, drivers pay a $1,000 administrative fee, as well as a $310 in towing fines and fees, and $10 to $35 a day for storage fees.

A 2003 ordinance in Waukegan was ruled unconstitutional in 2006 by a federal judge in Chicago because the automatic impoundment of a vehicle -- without consideration of alternatives -- was ruled unreasonable.

Although the judge said the ordinance violated first amendment protections against unreasonable search and seizure, the city was allowed to resume seizing vehicles in January while it appealed the decision.