Wayne County, MI Parking Rules: Towing & Impound Rights (2026)

This is not a rule about cars parked in the wrong place. Sec. 207-7 of the Wayne County Public Nuisance Ordinance governs what happens after a vehicle or other property is seized because it was used for racing on public streets or for Assisting Racing, which the ordinance declares a public nuisance. Seizure by law enforcement is allowed on process from a court with jurisdiction over the property or racing event, under a search or other lawful warrant, or incident to a lawful arrest, detention or stop at a racing event, including an investigation based on probable cause. Within five days of a seizure, the seizing agency must submit to the District Court a warrant with a draft order seeking an ex parte order for continued seizure and impoundment, which the court issues on a showing of probable cause. When forfeiture will be sought after a seizure at a racing event, a related traffic or ordinance citation, or a submission to the Wayne County Prosecutor's Office for criminal charges, should follow unless good cause is shown and the owner suffers no substantive prejudice.

The seizing agency must serve the possessor, the driver and any known owners with a written Notice of Seizure, by hand delivery or by certified mail requiring a signature. If an owner's name and address cannot be ascertained, or delivery cannot reasonably be accomplished, the notice is published on the local unit of government's website and in a newspaper of general circulation for ten successive publishing days. After service and the impoundment order, the agency sends a copy of the case to the Prosecutor's Office but keeps jurisdiction until a claim is filed or a settlement is reached.

The notice must tell the owner that the property was seized with the intent to abate it by forfeiture. It must also say that a signed Notice of Claim and Objection, carrying the owner's address, telephone number, e-mail address and a copy of government issued identification, is due within thirty days of service, and that the owner can ask the Prosecutor's Office for a review and settlement before those thirty days run out. If no claim arrives in time, or the owner disclaims ownership in writing, the property is forfeited to the seizing agency, subject to lien holders, and the agency can sell it or apply for title. An innocent lien holder or secured party can reclaim the vehicle by paying towing and storage fees and submitting a hold harmless agreement within sixty days of service on that party.

If a claim is filed, the agency forwards it to the Prosecutor's Office and a civil action must begin within ninety days of the seizure, absent good cause and without substantial prejudice to the owner. Filing within that window cures any defect in service of the Notice of Seizure. Pending a final order or settlement, the court orders the vehicle held in secure storage, though it can be released for the temporary use of the owner or immediate family or a dependent if the owner posts a bond equal to the fair market value of the property. Seized property is in the custody of the seizing agency and cannot be recovered through an action to recover personal property.