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Brookhaven, GA Business Licensing & Operations: Towing Companies (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Nonconsensual towing license from the city
Transferability
License is not transferable
Free storage
First 24-hour period from removal
Rate ceiling
State department of public safety maximum rate tariff
Impound distance limit
No lot more than five miles outside city limits
Reapplication bar
One year after revocation
Revocation appeal
In accordance with section 15-48

Summary

A wrecker or tow truck cannot do nonconsensual towing in the City of Brookhaven, Georgia without a nonconsensual towing license from the city, and the license is not transferable. Charges are capped at the state department of public safety tariff, with no storage fee for the first 24-hour period.

It is unlawful for any person to operate or cause to be operated, any wrecker or tow truck engaging in nonconsensual towing within the boundaries of the city without first having obtained a nonconsensual towing license from the city. The nonconsensual towing license shall not be transferable. ... Any wrecker service engaged in the business of providing nonconsensual towing service shall not charge the owner or operator of any towed motor vehicle more than the maximum rates published in the "Nonconsensual Towing Maximum Rate Tariff" prescribed by the state department of public safety. No storage fees shall be charged for the first 24-hour period from the time the motor vehicle is removed from the property.

Full Breakdown

Section 15-536 makes it unlawful to operate or cause to be operated any wrecker or tow truck engaging in nonconsensual towing within the boundaries of the city without first obtaining a nonconsensual towing license from the city. The license is not transferable. Article XIII defines nonconsensual towing as towing without the prior consent or authorization of the owner or operator of the motor vehicle being towed, and a wrecker as an automotive vehicle with hoisting apparatus and equipment for towing or hauling wrecked or disabled vehicles, including any vehicle otherwise equipped and used for that purpose (section 15-535).

Pricing is set by the state, not by the city. Section 15-538 caps what a wrecker service can charge the owner or operator of a towed vehicle at the maximum rates in the Nonconsensual Towing Maximum Rate Tariff prescribed by the state department of public safety. No storage fee can be charged for the first 24-hour period from the time the vehicle is removed from the property. The tariff is all inclusive, so no additional fees can be added for dollies, trailers, lifts, slimjims, or any other equipment or service, and only removal and storage charges approved by the department and contained in the tariff can be billed or collected.

Section 15-537 lists the revocation grounds. The department revokes the license of a wrecker owner or operator found in violation of any term of the article, and also where the registration was procured by fraudulent conduct or a false statement of a material fact as to ownership, use, possession, or operation; where the owner or licensee is found at the scene of an accident in violation of the article; or where the licensee impounds a vehicle without the owner's consent at an impound lot located more than five miles outside the limits of the city. Revocation ends all authority and permission granted by the registration, and the person cannot apply again for one year from the date of issuance of the original license. A person whose license is revoked can appeal in accordance with section 15-48.

Violations & Fines

Article XIII carries no penalty section of its own, so the general penalty in section 1-11 applies: a fine not exceeding $1,000.00, jail not to exceed six months, or both, with each day of a continuing violation a separate offense. Billing or collecting any fee the tariff does not expressly permit is a violation of the rule in section 15-538. Beyond court penalties, the license itself is at risk: revocation under section 15-537 and a one-year wait before reapplying.

Frequently Asked Questions

Does a tow company need a Brookhaven license to tow without the owner's consent?
Yes. Section 15-536 makes it unlawful to operate or cause to be operated any wrecker or tow truck engaging in nonconsensual towing within the boundaries of the city without first obtaining a nonconsensual towing license from the city. Nonconsensual towing means towing without the prior consent or authorization of the vehicle's owner or operator, and the license cannot be transferred to another operator.
Can a Brookhaven tow operator charge extra for a dolly or lift?
No. Section 15-538 says the fees in the state maximum rate tariff are all inclusive, and no additional fees can be charged for the use of dollies, trailers, lifts, slimjims, or any other equipment or service. Only removal and storage charges approved by the state department of public safety and contained in its tariff can be billed or collected.
Is there a storage charge on the first day of a nonconsensual tow?
Not for the first 24-hour period. Section 15-538 provides that no storage fees are charged for the first 24-hour period from the time the motor vehicle is removed from the property. After that period, the wrecker service can bill only the storage rates approved by the state department of public safety and printed in its Nonconsensual Towing Maximum Rate Tariff.
How far outside Brookhaven can a towed car be taken?
Section 15-537(a)(3) makes it a revocation ground if the licensee impounds any vehicle, without the consent of its owner, to an impound lot located more than five miles outside the limits of the city. A revoked operator cannot apply for a new license for one year and can appeal under section 15-48.

Sources & Official References

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