Improper Tow Under Wis. Stat. §349.13 / Milwaukee Code §101-26
Wis. Stat. §349.13 authorizes municipalities to tow improperly parked vehicles but requires (1) a valid underlying violation; (2) reasonable storage charges; (3) notice to the registered owner within 24 hours of impound (under Wis. Stat. §342.40 and Milwaukee Code §101-26). Milwaukee's tow contractor must follow the city's adopted procedures including signage requirements at private lots under Wis. Stat. §349.13(3m). Defenses: (a) underlying violation defective; (b) tow notice not provided within 24 hours; (c) excessive storage fees beyond §349.13(5) reasonable rate; (d) on private property without conforming signage under §349.13(3m).
Legal basis
Wis. Stat. §§349.13, 342.40; Milwaukee Code §101-26
Sample appeal wording
[DATE] Milwaukee DPW Tow Lot Hearing 3811 W Lincoln Ave, Milwaukee WI 53215 Re: Tow Challenge — Vehicle [PLATE], Tow #[NUMBER] I request a hearing under Wis. Stat. §349.13 challenging the tow on [DATE]. Grounds: 1. Underlying violation is invalid because [signage/permit/payment defense per applicable basis]. 2. Notice of impound was not provided within 24 hours as required by Wis. Stat. §342.40 and Milwaukee Code §101-26 (received [DATE], more than 24 hours after tow at [TIME] on [DATE]). 3. Storage fees of $[X]/day are unreasonable under §349.13(5). 4. [If private property: signage at [LOT] does not conform to §349.13(3m) requirements.] Relief: dismissal of underlying citation; refund of tow fee $[X]; refund of storage fees $[X]; release of any registration hold. [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Wis. Stat. §349.13 (docs.legis.wisconsin.gov)
- Wis. Stat. §342.40
- Milwaukee Code §101-26