Marijuana Policy Project

BELLEVILLE — The City Council on Monday increased the towing fee from $200 to $500 for those arrested for felonies and added some misdemeanors to the list of offenses punishable by the fee.

If someone can't afford to pay the $500, the impounded vehicle will continue to accrue fees charged by a tow lot. Eventually, the lot can apply for permission from the Illinois Secretary of State to take over possession of the vehicle.

A spokesman for the American Civil Liberties Union office in Chicago said that while the organization criticizes such fees, courts have upheld them.

"It is unfortunate that the courts have allowed the police to become revenue agents in a manner that disproportionately punishes people of low and moderate incomes," spokesman Ed Yohnka said.

Police Chief William Clay said it is not a money-maker for the police department. The fees go into the city's general fund. While there may be some administrative fees associated with some arrests and towing, the $500 fee is intended to be a deterrent to crime, he said.

And he's not about to let someone off the hook just because they're economically disadvantaged

"I'm going to make you not want to commit those types of activities in the city of Belleville," Clay said. "If you do, there is a cost... I'm looking at this as a big-picture way of addressing a lot of behaviors that contribute to social disorder."

Clay emphasized that city leaders will not profit in any way from the disposal of abandoned vehicles.

He also wants people to think twice about who they let drive their cars; those ultimately responsible for the fees are the vehicle owners.

Officers can use discretion in allowing the owner — if he or she is not the violator — to take a vehicle so it is not impounded. But he said he thinks that has the potential to waste police officers' time, if they have to wait for the driver. He also thinks it defeats the fee's crime-deterrent purpose.

Belleville's practice is not new in southern Illinois. Collinsville, Fairview Heights, and Alton have similar rules.

Collinsville Police Chief Scott Williams said metro-east communities are just following common practices that have spread downstate from Chicago. The city charges from $150 for lesser offenses to $500 for more serious ones.

He said it was "not an attempt to raise money on the backs of poor people," but rather a shot at averaging the administrative costs of making the arrests and arranging the towing. He says that, in fairness to the "good taxpayers" of the city, the people who willingly commit crimes should have to bear some of the tax burden.

Belleville's fee will now apply to those who are arrested for possession of small amounts of marijuana, a misdemeanor that usually does not result in jail time. The council also added street racing and reckless driving to the list of punishable offenses.

Clay noted that a high percentage of homicides are connected to the drug trade. Serious users commit burglaries, thefts or engage in prostitution to support their habits, he said.

"This is nothing new, but I believe we should send a strong message to those who believe that simply using small amounts of marijuana is harmless," he said. "It is not and funds a great deal of violence."

Both Belleville and Collinsville allow for an appeal process in the charging of the administrative fees for towing.