Motor Vehicle Towing.
Milwaukee Code of Ordinances § 93-47
in effect93-47. Motor Vehicle Towing.
1. OBLITERATED IDENTIFICATION NUMBER. No licensee shall tow any motor vehicle with an altered or obliterated vehicle identification number, unless directed by the police department.
2. NON-CONSENSUAL TOWING. All of the following requirements shall be met for a towing business to perform a non-consensual tow:
a. The licensee shall have in his or her possession an authorized service order form before hooking up the vehicle to be serviced. Authorized service order forms shall include the name of the licensee’s business, the address and telephone number of the licensee’s storage lot, the licensee’s tow truck license number, the name of the driver or operator of the tow truck, the name and signature of the person authorizing the service, the time the service was ordered and a description of the vehicle to be towed, including the make, model and license plate number. In addition:
a-1. A copy of the authorized service order form shall be retained for 90 days and provided to the police department upon request.
a-2. This paragraph shall not be applicable to any licensee operating a tow truck under the terms of this chapter where the licensee is under a written contract for a specific period of time with any person, firm or corporation to tow illegally parked or repossessed vehicles to a specific location as set forth in the contract. Contracts shall be kept at a licensee’s premises for review by the police department.
b. The person, firm or corporation authorizing the tow shall be the owner of the private property from which the vehicle will be towed, a duly authorized agent of the owner, a traffic officer or parking enforcer, as provided in s. 349.13(3m)2(d), Wis. Stats.
c. Except for a vehicle issued a repossession judgment or a citation for illegal parking, as provided in s. 349.13(3m)2(b), Wis. Stats., the lot from which any motor vehicle is non-consensually towed shall be properly posted, as provided in Trans 319.04, Wis. Adm. Code.
d. The towing business shall take, and retain unaltered for 90 days, color photographs of the motor vehicle to be towed, including:
d-1. At least one color photograph each from the front, rear, and each side of the vehicle.
d-2. At least one color photograph of the sign indicating the property was properly posted, including, to the extent possible, the vehicle to be towed.
d-3. If applicable, at least one color photograph of any parking citations and any parking permits, placards, stickers or other parking-related signage visible on or in the vehicle.
e. Prior to the towing of a vehicle, the towing business shall report, by approved electronic notification, to the police department, in the manner designated by the police department, the following:
e-1. The address or an accurate, specific description of the location from which the vehicle is being removed.
e-2. The location to which the vehicle will be removed, including a telephone number for the location.
e-3. A description of the vehicle, including make, model, license plate number and vehicle identification number.
e-4. Any other information required by the police department.
f. Prior to the towing of a vehicle, the towing business shall receive and record in the operator’s log book a tow reference number from the city confirming that the city has received electronic notification of the tow and that the vehicle to be towed is not stolen. If a system of electronic notification is temporarily unavailable, the police department, or the police department’s designee, shall provide notification of the granting or denial of a tow reference number by voice within 10 minutes of the time the request for a tow reference number was received.
g. For every vehicle non-consensually towed for which the towing business receives a tow reference number, the towing business shall remit a fee to the city, as established by the commissioner of public works and as provided in s. Trans 319.03(3), Wis. Adm. Code. The commissioner may waive or reduce this fee if a tow truck operator releases a motor vehicle to the owner or authorized operator of the motor vehicle under the provisions of s. 93-47-3.
h. For every vehicle non-consensually towed for which the towing business receives a tow reference number, not including a vehicle towed as part of a repossession conducted under s. 425.205 Wis. Stats., the towing business shall provide the city with an electronic, itemized receipt of the transaction, including any special equipment used for the tow and the associated cost, within 60 days of the tow.
3. DROP FEE. a. Except for a vehicle issued a repossession judgment and unless otherwise directed by a police officer, if the owner or authorized operator of any motor vehicle to be towed is present and offers to remove the vehicle from the property or correct the violation before the vehicle is attached in any way to the tow truck, no fee shall be charged the vehicle owner.
b. If a tow truck operator has attached equipment for towing to the vehicle to be towed, but is not yet fully hooked up, as defined in s. 93-3-10, the vehicle shall not be towed upon request of the vehicle owner or authorized operator. The owner or authorized operator shall be liable for a drop fee in an amount not to exceed $50, in lieu of towing, provided the vehicle owner or authorized operator is willing and able to pay the drop fee and remove the vehicle or otherwise correct the violation.
c. If an owner or authorized operator of a motor vehicle is present before the vehicle is fully hooked up, the tow truck operator shall advise the owner or authorized operator of the motor vehicle that he or she may offer payment of the towing drop fee and shall provide the owner or authorized operator of the motor vehicle 5 minutes to make payment of the towing drop fee. The tow truck operator shall concurrently advise the owner or authorized operator of the motor vehicle of acceptable forms of payment, as provided in par. d.
d. For purposes of this subsection, a towing business shall accept payment by cash, credit card or debit card for the drop charge, and shall issue the person requesting the drop a receipt of payment of the drop fee.
e. A tow truck operator shall submit to the city a form, or forms, approved by the commissioner of public works, signed by an owner or authorized operator of a motor vehicle who is present before the vehicle is fully hooked up for tow indicating the owner or authorized operator paid, or declined to pay, the drop fee after being advised payment of the drop fee would avert the tow.
f. If an owner or authorized operator of a motor vehicle who declines to pay a drop fee refuses to sign the form specified in par. e, the tow truck operator shall indicate the refusal on the form, and sign and submit the form as provided in par. e.
4. RESTRICTIONS ON ACTIONS OF TOW TRUCK OPERATORS. No operator of a tow truck shall:
a. Except in the case of a repossession, non-consensually tow any motor vehicle to a location outside the city.
b. Solicit or attempt to divert prospective patrons of another tow truck.
c. Tow a vehicle without first obtaining adequate identification from the owner or authorized operator of the vehicle or from the person authorizing the tow from private property.
d. Refuse to release or charge a fee to release personal property from within a towed vehicle to the owner or authorized operator of the towed vehicle during regular business hours upon presentation by the owner or authorized operator of proper identification as provided in s. 349.13(5)(b), Wis. Stats.
e. Remove any item or material from a towed vehicle, whether on the inside or outside of the vehicle.
f. If performing a non-consensual tow, charge a sum in excess of that authorized by s. Trans 319.03, Wis. Adm. Code.
g. Refuse to release a vehicle after the presentation of sufficient proof of ownership and the payment of authorized charges.
h. Charge the owner or authorized operator of any non-consensually towed motor vehicle any storage fee for any 24-hour period during which the business is not open and the vehicle not available for recovery for at least a 4-hour period between 8 a.m. and 5 p.m.
i. Refuse payment for towing services by cash or by debit, credit or charge card.
j. Store a non-consensually towed vehicle at any location not on file with the city, unless directed otherwise by the police department.
k. Subcontract any non-consensual towing work to any person, firm or corporation not licensed to perform non-consensual towing in the city.
5.
OWNER’S RIGHT TO INSPECT. No towing business shall solicit, demand or receive any payment for services provided or waiver of the right to contest damages prior to allowing the owner or authorized operator of a towed vehicle a reasonable opportunity to inspect the vehicle for damages or loss of contents. ` 6. POSTING OF FEE SCHEDULE.
a. Prior to performing any tow, a tow truck operator shall disclose to the owner or authorized operator of the motor vehicle all rates and charges to be assessed. This rule does not apply to a non-consensual tow or a tow ordered by a law enforcement officer.
b. The schedule of minimum fees for non-consensual towing, as provided in s. Trans 319.03, Wis. Adm. Code, shall be posted at the business location or locations in a conspicuous place near the main entrance and inside each vehicle owned, operated or controlled by the business to be used in the conduct of the towing business.
7. RECORDKEEPING. Each tow truck operator shall at all times maintain a current transport sheet approved as to type and form by the chief of police containing the information required in sub. 2-e. Transaction description records shall be either computer files or written documents approved by the chief of police, or the chief's designee. Written document transaction description records shall be legible and in ink, and no entry made shall be erased, obliterated or defaced. Written-document and computerized transaction description records shall be open for inspection by the chief of police, or the chief's designee, at any reasonable time. Written documents shall be retained and computerized files shall be maintained for one year.
8. VEHICLE STANDARDS. Every vehicle used in the conduct of a towing business shall meet all safety standards required by state and federal law and, as adjudged by the police department, be kept in good operating condition and appearance. Every towing business shall keep records of daily vehicle inspection reports for inspection by the police department and shall submit to the police department copies of annual inspections for all tow trucks owned, operated or controlled by the business to be used in the conduct of the towing business in the city.
9. MINORS. No towing business shall conduct any transaction with any person less than 18 years of age unless that person is with his or her parent or guardian, or the business obtains or has on file a written consent signed in a tow truck operator’s presence by the parent or guardian granting permission for the minor to transact business with the dealer.
10. STOLEN VEHICLES. A tow truck operator shall report to the police any item presented to a licensed towing business during the course of business that the tow truck operator has reason to believe was stolen, either by the person presenting the item or another party.
11. REGULATIONS TO BE POSTED. Each towing business shall post a copy of these regulations in a conspicuous place on its licensed premises.
12. RESPONSIBILITY FOR PERSONNEL. Each towing business obtaining a license shall be responsible for the acts of its employees, agents and subcontractors, and shall be subject to all applicable penalties if those employees, agents or subcontractors violate this section, including nonrenewal, suspension or revocation of its license.
13. APPLICABILITY. This section shall not apply when the motor vehicle being towed has originated outside the city and is either in the process of being delivered to a location in the city or is being towed through the city to be delivered elsewhere.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH93.pdf#page=12Fetched: 10/26/2026