Lawerence Synett / TribLocal reporter
Vehicle impoundments last year generated more than $100,000 each in Crystal Lake and Lake in the Hills, fines that police say offset the costs of fighting crime.
But in recent years, a Tribune analysis has found, Chicagoland suburbs have increasingly punished vehicle owners for crimes happening in their vehicles, even if the owners themselves didn’t commit them.
The Tribune found that more than 100 communities passed local laws to impound vehicles police say were used in crimes, and then charge owners hefty fees — usually $500 or more — to get the vehicles back. That’s on top of traditional towing fees and whatever fines may come from criminal charges.
Suburban officials say the fees are needed to cover the costs of impounds in tight budget times. But critics say many towns gouge vehicle owners in a system with fewer safeguards than criminal courts to protect the innocent.
With no state laws governing the practices, a Tribune review of larger Chicagoland suburbs found wide variation in who charges extra fees, how much they charge, what crimes draw the charges, and how much leeway police give owners to avoid the fees.
Officials in McHenry County towns that charge the fees say they have safeguards in place to keep vehicle owners who are not accused of a crime themselves from paying the fees. Besides Crystal Lake and Lake in the Hills, $500 fees are charged in Algonquin and McHenry.
Huntley and Woodstock are unable to impose impound fees because they are not “home rule” communities, a status that allows local officials greater authority in passing laws for their residents.
Huntley Police Chief John Perkins said the village is investigating how it could create an impoundment program due to a recent increase in monthly tows.
“We’ve never had a towing issue,” he said. “But now that we are averaging a lot more, there is a need. We need to pass the expense of the arrest on to the violator, not the taxpayer.”
In Lake in the Hills, the village towed 223 vehicles in 2009, which generated $104,000. The impoundments included 82 violations for driving under the influence and 76 for driving while license suspended.
The village’s vehicle impoundment policies were adopted in November 2006, with officials amending its policy to raise the fee from $250 to $500 in December 2008.
James Wales, director of police and public safety, said the increase was an attempt to stay on par with other municipalities in the county.
Funds generated from the impoundments, which also include towing fees dependent on the size of the vehicle, go directly into the village’s general fund, and help offset costs associated with enforcement.
“It costs dollars to enforce the law,” Wales said. “We are in a time where we have to be fiscally conscious because residents are getting taxed for quite a bit. Do I think $500 is too steep? Absolutely not.”
Standard operating procedures allow the police officer making the arrest to allow for the vehicle to be released to a licensed driver at the scene or left legally parked at the scene with the consent of the property owner.
Between driving under the influence and driving while license suspended arrests in 2009, there were 67 instances that the police department did not tow the vehicle, Wales said.
He said the village has no plans to expand its tow policies.
In Crystal Lake, patrol commander Dan Dziewior said because the city’s towing ordinance is safety related, there could be additional offenses added in the future such as incidents involving hit and run, reckless driving and zero tolerance.
The city collected more than $136,000 during the 2009 fiscal year from impoundment.
Of the 331 vehicles were impounded, Dziewior said that the majority included no valid driver’s license, driving under the influence and suspended or revoked driver’s licenses. Others included possession of a controlled substance and fleeing or attempting to elude.
Like Lake in the Hills, Crystal Lake police officers are encouraged to allow a licensed driver to take the vehicle to avoid impoundment and the fees related.
“Our policy is to tow the vehicle unless there is another driver that could lawfully remove the vehicle from the scene,” Dziewior said.
He said all funds collected regarding the tow ordinance are deposited in the city’s general fund, from which the finance department makes distributions throughout the city through the individual budgets approval for each department.
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