[Adopted 9-11-2003 by Ord. No. 10-2003]
Any person who is arrested for a violation of
the provisions 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
or others. The person shall be released from protective custody when
that person is no longer a danger to himself or others. A person is
no longer a danger to himself or others when the person's 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 the municipality's law enforcement agency
hold a person in protective custody for a period of longer than eight
hours without providing an appropriate hearing.
Notwithstanding the provisions of this article,
provided that it is not a detriment to the public safety, the arresting
law enforcement agency may, because of the age, health or safety of
the arrested person, release the person pursuant to the provisions
of P.L. 2001, c. 69 (N.J.S.A. 39:4-50.22 et seq.) or provide an appropriate
alternative to protective custody. The municipality and its law enforcement
agency shall not be subject to liability if a person is released from
custody pursuant to the provisions of this article under the Act.
Nothing in this article shall be construed as
requiring the use of state police facilities by the municipality for
purposes of this article under the Act.
All the provisions of the Act referenced above
are hereby incorporated into and are deemed to be a part hereof.
