CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending Article B-12 (Towing of Unlawful Vehicles) Chapter 5 (Motor Vehicle Tows) Title 11 (Motor Vehicles and Traffic) of the Naperville Municipal Code to increase the administrative tow fee from $300 to $500 (requires 6 positive votes)
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DEPARTMENT: Police Department
SUBMITTED BY: Robert W. Marshall, Chief of Police
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
State law authorizes municipalities to impose "a reasonable administrative fee related to their administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the
vehicle." The administrative fee imposed is in addition to any fees charged for the towing and storage of an impounded vehicle. (see, 625 ILCS 5/11-208.7)
In September 2010, Naperville's City Council approved an Administrative Tow Ordinance which provided a three-tiered fee structure to recoup police department administrative expenses for processing towed vehicles. The ordinance was later revised in December 2012 (ordinance 12-015), to remove the tiered fee system and replace it with a $300 flat administrative tow fee.
DISCUSSION:
When a vehicle is used in connection with certain serious vehicle code and criminal code offenses, the police department has the authority to tow and impound the "unlawful vehicle." Under the current ordinance, the owner of the unlawful vehicle that is towed is liable to the City for an administrative tow fee of $300 to offset the City's administrative costs connected to the tow. In every situation, the fee is only imposed when a vehicle is used in connection with a crime. This requirement, that the fee be imposed only in situations where the vehicle is used in connection with the crime, provides a nexus between the criminal activity and the tow and fee. Processing of these vehicles results in significant expenditures...
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