Milwaukee Code of Ordinances § 93-41 Purpose.
93-41. Purpose.
The purpose of this subchapter is to regulate the operation of the various kinds of recycling, salvaging and towing businesses licensed by the city.
Operating Regulations
Milwaukee Code of Ordinances ch. 93, subch. 3
in effectMilwaukee Code of Ordinances § 93-43 Operating Regulations for all Recycling, Salvaging or Towing Premises.
93-43. Operating Regulations for all Recycling, Salvaging or Towing Premises.
1. IDENTIFICATION. No licensee shall purchase any junk, valuable metals, or salvage motor vehicles without first obtaining adequate identification from the seller.
2. TRANSACTIONS INVOLVING PROPERTY NOT OWNED. No licensee shall purchase any property if any of the following is true:
a. The article of property is not owned by the person offering to sell the property.
b. The article of property is the property of a person other than the person offering to sell it, regardless of whether the transaction is occurring with the permission of the owner.
c. Another person, other than the person offering to sell the property, has a security interest in the article of property.
3. EXCEPTION. Subsection 2 shall not apply to any person selling, consigning, leaving or depositing any article of property with or to a licensed recycling, salvaging or towing premises if the person is any of the following:
a. A duly executed power of attorney for the owner of the property.
b. A personal representative of the estate to which the property belongs.
c. The recipient of a lawful written authorization to pledge, sell, consign, leave or deposit the property issued by the owner of the property prior to the time of the transaction.
4. ALTERED OR OBLITERATED SERIAL NUMBER. No licensee shall receive any regulated property with an altered or obliterated serial number, or from which a serial number has been removed.
5. REGULATED PROPERTY, DOCUMENTATION. No licensee shall purchase any regulated property unless the licensee receives from the seller documentation, such as a bill of sale, receipt, letter of authorization or similar evidence, which establishes that the seller lawfully possesses the regulated property. This documentation shall be retained for one year. Licensees may forego the documentation requirements of this subsection if either of the following is true:
a. The licensee documents that he or she has made a diligent inquiry into whether the person selling the regulated property has the legal right to do so, and, not later than one business day after purchasing the regulated property, submits a report to the chief of police describing the regulated property and submits a copy of the seller’s or deliverer’s adequate identification.
b. The licensee takes a color photograph or color video recording of the regulated property, as provided in sub. 8.
6. PURCHASE FROM MINORS PROHIBITED. No licensee shall purchase or accept any material or article from any individual less than 18 years of age without the written consent of the individual’s parent or guardian.
7. RECORDKEEPING, GENERAL. Every licensee shall keep on his or her premises a transaction description record, in a form approved by the chief of police or the chief’s designee, for any valuable metal purchased or received. The transaction description record shall be numbered consecutively at the time of the purchase and shall be maintained and open for inspection by the chief of police, or the chief’s designee, at any reasonable time for one year after the date of purchased or receipt. The transaction description record shall include each of the following:
a. A transaction number.
b. The date and time of the transaction.
c. The printed name and permanent address of the person from whom the article was purchased or received, a copy of that person’s adequate identification and a color photograph or color video recording of the person that meets the standards of sub. 11.
d. The seller's vehicle license plate number and state of issuance, if applicable.
e. A description of the individual property purchased or received, to be consistent with guidelines promulgated by a national recycling industry trade organization and to be approved by the chief of police.
f. A signed, written declaration of ownership from the seller, separate and apart from any computerized records maintained, in a form approved by the chief of police.
g. The seller's signature.
8. RECORDKEEPING, REGULATED PROPERTY. For regulated property, in addition to the information required in sub. 7, the transaction description record shall include a full and accurate description of each article purchased or received, including identifying letters or marks written, inscribed or otherwise included on the article and the name and maker of the article, if known. A color photograph or color video recording of the regulated property, taken at the time of purchase or receipt and meeting the standards of sub. 11, shall fulfill this requirement.
9. RECORDKEEPING, VEHICLE SALVAGE. a. Records kept under the provisions of s. Trans 136.03, Wis. Adm. Code, as amended, shall be satisfactory compliance with the transaction description requirements of sub. 7, and shall at reasonable times be open to the inspection of the chief of police, or any member of the police department designated by the chief of police for this purpose.
b. The purchase or receipt of any motor vehicle parts or pieces thereof previously attached to a salvaged vehicle shall not be exempt from the recordkeeping requirements provided in this section.
10. RECORDKEEPING, WHOLE-SALE AND BULK PURCHASES.
a. A licensee may choose to limit the transaction description record for wholesale and bulk purchases to a listing of the quantity or the weight purchased according to the guidelines provided in sub. 7-e, and not of individual items, provided that either of the following is true:
a-1. A color video recording meeting the standards of sub. 11 is taken of the individual items purchased, as they are being unloaded.
a-2. The seller is a regularly established foundry, mill, manufacturer, licensed home improvement contractor, as defined in s. 95-14, licensed recycling, salvaging or towing premises, or educational, governmental or medical institution, and is in compliance with all other applicable requirements of this subsection, provided that the record of the purchase states the seller’s license number or other identifying information.
b. A licensee presented or finding any undisclosed regulated property in any wholesale or bulk purchase, or any property which is reasonably believed to be stolen, shall immediately report this property to the police.
11. PHOTOGRAPHS. Photographs required as part of this subchapter shall be at least 2 inches square. Photographs and video recordings shall be time and date-stamped and maintained so they can be readily matched and correlated with all other records of a transaction. All photographs and video recordings shall be available to the chief of police, or the chief's designee, upon request. The major portion of a photograph or a video recording of a person shall include an identifiable facial image. Property photographed or video-recorded shall be accurately depicted, of sufficient quality and from a clear and unobstructed perspective, as determined by the chief of police. The licensee shall inform the person that he or she is being photographed or video-recorded by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee shall keep the photograph or video recording for 90 days.
12. REPORTS. a. All transaction description records for regulated property, except for signed declarations of ownership and patron signatures on transaction description records, shall be reported not later than the close of each business day by posting and uploading all transaction description records to an electronic reporting database approved by the chief of police, according to the protocols of the chief of police.
b. Protocols for submitting batch data shall reasonably accommodate various mainstream data processing systems used by licensees, to the extent possible.
c. The police department may delay, reduce or forego daily reporting requirements as the chief of police, or the chief's designee, sees fit without cause.
13. CUSTOMER IDENTIFICATION NUMBERS. The police chief may permit a licensee to substitute a customer identification number, or other seller identifier assigned by the licensee, for a seller’s name, address, date of birth, and all identification obtained from the seller as specified in sub. 7, provided the licensee maintains a file containing this information for police inspection.
14. GOODS HELD FOR IDENTIFICATION. The chief of police may, at his or her discretion, cause any items which he or she has reason to believe were sold or exchanged by a person other than the lawful owner to be held, for identification by its lawful owner, for such reasonable length of time as the chief deems necessary.
15. INSPECTION. Every article purchased by a recycling, salvaging or towing premises, and every computerized file, written document and invoice of transaction description records shall be available for inspection by the chief of police, or the chief’s designee, at any reasonable time.
16. FALSE INFORMATION. No person selling any property to any licensee shall:
a. Give a false or fictitious name, present false or altered identification documents, give a false date of birth or give a false address of residence or telephone number to the licensee gathering information for a transaction description record.
b. Knowingly conceal or fail to disclose any regulated property contained within a wholesale or bulk purchase.
c. Pawn, pledge, sell, consign, leave or deposit any article of property with or to a business licensed under this chapter if one or more of the following is true:
c-1. The article of property is not owned by the person.
c-2. The article of property is the property of another, regardless of whether the transaction is occurring with the permission of the owner.
c-3. Another person has a security interest in the article of property.
17. SIGNAGE. Every licensee shall display a sign, in a form approved by the chief of police or the chief’s designee, of sufficient size and in a conspicuous place on the premises, informing patrons that all transactions are reported electronically to the police department. The sign shall include the premises’ license number. Identifying signs that satisfy state statutory or regulatory requirements for signage shall be deemed to satisfy the requirements of this subsection.
18. NOT TO CREATE NUISANCE.
a. No goods or materials associated with a recycling, salvaging or towing premises shall be stored, sorted, assembled, disassembled, displayed or otherwise kept on any public right-of-way, public street, alley, sidewalk, or public parking area. All goods and materials shall be kept within a building, enclosure or site approved on a licensee’s application.
b. All lights used to illuminate premises shall be shielded and directed away from public streets and residential properties in such a way as not to create a glare into the public street or surrounding premises used for residential purposes, or to disturb the comfort of persons living across therefrom or on adjacent property.
Milwaukee Code of Ordinances § 93-45 Operating Regulations for Recycling, Salvaging or Towing Vehicles.
93-45. Operating Regulations for Recycling, Salvaging or Towing Vehicles.
1. LICENSE STICKERS AND SIGNAGE. a. Each motor vehicle used by a licensed recycling, salvaging or towing business shall have affixed to it, in a prominent place, a sticker issued by the city clerk with the words “recycling, salvaging or towing” stamped on it. Whenever a sticker has been defaced, lost, stolen or destroyed, the licensee shall immediately apply to the city clerk for a duplicate sticker. A request for a duplicate sticker shall be accompanied by the fee specified in s. 81-1-4.
b. Each motor vehicle used for business purposes by a licensed recycling, salvaging or towing business shall bear identifying signs printed or affixed to both sides of the vehicle. Identifying signs shall include the name of the business or person operating the vehicle, a valid telephone number for the business or person operating the vehicle, and the phrase, “RST License No.” together with the number of the license, all located in a prominent position in letters not less than 2 inches in height. Except for a tow truck performing non-consensual towing, a commercial motor vehicle bearing a U.S. department of transportation number filed and registered with the federal motor carrier safety administration shall be exempt from the signage requirements of this paragraph.
c. Photographs of vehicles and signage shall be submitted to the city clerk in the following manner:
c-1. If not already on file, one or more photographs of each motor vehicle used in the business of recycling, salvaging or towing shall be submitted to the city clerk in a form and manner acceptable to the city clerk prior to issuance of a license.
c-2. Photographs submitted to the city clerk under this paragraph shall clearly display all elements of signage required under par. b.
c-3. Changes in signage and replacement photographs shall be subject to reporting as provided in s. 93-29, and failure to provide required photographs may be considered upon application for renewal or in suspension or revocation proceedings, as provided in s. 93-25-4.
2. CARRYING BY OPERATORS. An operator of a vehicle licensed under this chapter shall at all times carry the license on his or her person or post the license in the vehicle while engaged in activities related to recycling, salvaging or towing, and shall present the license for inspection upon request made by any person.
3. NOT TO CREATE NUISANCE.
a. No goods or materials associated with recycling, salvaging or towing vehicles shall be stored, sorted, assembled, disassembled, displayed or otherwise kept on any public right-of-way, public street, alley, sidewalk, or public parking area. All goods and materials shall be kept within a building, enclosure or site approved on a licensee’s application.
b. No person shall store salvage materials on any residential premises or vacant lot in a residential zoning district.
Milwaukee Code of Ordinances § 93-47 Motor Vehicle Towing.
93-47. 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.
Milwaukee Code of Ordinances § 93-49 Waste Tires.
93-49. Waste Tires.
1. STORAGE.
a. Each waste tire shall be stored and secured in a manner approved by the commissioner of neighborhood services to eliminate theft and potential nuisances of litter as described in ss.79-11 and 79-12, rat harborage as described in s. 80-48, fly breeding as described in s. 80-31 and fire hazard as described in s. 214-9.
b. No person may store or permit the storage of more than 24 waste tires upon any premises within the city unless the premises is a licensed recycling, salvaging or towing premises.
2. IMPROPER DISPOSAL. No licensed recycling, salvaging or towing premises or vehicle may knowingly dispose of any waste tires improperly by disposing of waste tires in a manner other than to a tire disposer or tire reprocessor. A waste tire transporter who improperly disposes of waste tires shall be assessed costs incurred to dispose of the waste tires properly.
3. INSPECTION. The commissioner of neighborhood services shall periodically inspect the premises of each waste tire generator for proper storage, marking and recordkeeping.
4. REGULATION. a. Each waste tire located at a licensed recycling, salvaging or towing premises shall be permanently marked by the licensee in a manner approved by the commissioner of neighborhood services, with the letters “RST” and the licensee’s license number. Each tire shall be marked before it leaves the premises, and all tires shall be marked immediately after receipt on the premises.
b. A waste tire generator shall use only a city-licensed waste tire transporter to pick up and transport its waste tires.
5. RECORDKEEPING. Each waste tire generator and waste tire transporter shall maintain for 3 years all records and receipts relating to waste tires handled by the business. The record for each transaction shall include:
a. For a waste tire generator, the number of waste tires generated, the name of the waste tire transporter, the date and quantity of pickup and the transporter's recycling, salvaging or towing license number.
b. For a waste tire transporter, the date of pickup, number of waste tires, name and address of the waste tire generator, the name and address of the waste tire disposer or reprocessor, and the date and quantity of delivery of the waste tires to the waste tire disposer or reprocessor.
6. REPORTING. Records required in s. 93-49-5 shall be submitted to the commissioner of neighborhood services, in a form specified by the commissioner, annually 60 days prior to each anniversary of license issuance.
7. NUISANCE ABATEMENT. a. Any violation of this section or disposal of waste tires in violation of ss. 79-9 to 79-12 may be ordered corrected by the police department or the department of neighborhood services. If the property owner or licensee fails to comply with the order to correct the conditions which are in violation, the city may correct the conditions. The property owner or licensee, or both, shall be personally liable for any expenses to the city for correcting the conditions of the violation, except for a licensee described in par. b.
b. A waste tire transporter or waste tire generator whose tires have been disposed of in violation of this section or ss. 79-9 to 79-12 shall not be personally liable under par. a if the transporter or generator did not know in advance about, participate in, or otherwise assist the illegal disposal and if the transporter or generator is properly licensed and otherwise in compliance with this section.
8. EXCEPTIONS. A recycling, salvaging or towing license shall be required for each premises and each vehicle dealing in waste tires, except that the licensing requirements of this chapter shall not apply to the following:
a. Any vehicle containing 5 or fewer waste tires unless the transporter is hauling waste tires for a waste tire generator.
b. Any vehicle which originates outside of the city and is designated for transport outside of the city, provided that no waste tires are loaded or unloaded within the city.
c. A fleet owner that takes its vehicles to an outside tire vendor’s facility for service, provided the facility is within the city of Milwaukee. In this situation, the tire vendor shall be considered the waste tire generator.
9. PENALTY. Any person violating this section shall be subject to the penalty provided in s. 93-7-3.
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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=1Fetched: 10/26/2026