[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 12-18-2003
by Ord. No. 29-03. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 87.
A person who is arrested for a violation of the provision of N.J.S.A.
39:4-50 shall be held in protective custody at an appropriate police or other
facility where the person’s condition may be monitored until the person
is no longer a danger to himself/herself or others.
A person held in protective custody pursuant to § 108-1 shall be released from protective custody when that person is no longer a danger to himself/herself or others. Said person shall not be released until his or her blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person’s facilities are impaired.
In no event shall a person be held in protective custody pursuant to § 108-1 for a period of longer than eight hours without the Borough providing an appropriate hearing for said individual.
Provided that there is no detriment to public safety, the Police Department
may, because of the age, health or safety of the arrested person, release
that person pursuant to N.J.S.A. 39:4-50.22 et seq. or provide an appropriate
alternative to protective custody.
The Borough shall not be subject to liability if a person is released
from custody pursuant to the provision of N.J.S.A. 39:4-50.22 et seq.
