The penalty for using an ATM that is not affiliated with your bank went up 5% over the past year to $4.35 per transaction, according to a survey released Monday by Bankrate.com. Over the past five years, it's gone up more than 20%. Overdraft fees also surged to $32.74 in past 12 months, which is the 16th consecutive record high. According to the survey, ATMs in Phoenix charge out-of-network users the highest fee and ATMs in Cincinnati are the most lenient. When it comes to overdraft fees, Philadelphia holds the highest record and San Francisco has the lowest. The banks say checking account fees have been on the rise because they had to adjust to the new federal banking laws and regulations. The changes include limits on when banks can charge overdraft fees on ATM and debit card transactions and a reduction in the fees that banks charge merchants for each customer who uses credit or debit cards for their purchases.