[HISTORY: Adopted by the Township Committee of the Township
of Franklin 4-26-2012 by Ord. No. 2012-02. Amendments noted
where applicable.]
When an individual is arrested within this jurisdiction for
operating a motor vehicle while under the influence of alcohol or
drugs pursuant to N.J.S.A. 39:4-50, and where the arrestee is unable
to summon an individual to transport or accompany the arrestee from
the premises of a law enforcement agency pursuant to N.J.S.A. 39:4-50.22,
the arresting officer or other designated police officer shall:
A.
Make arrangements for the arrestee to be held in protective custody at an appropriate police or other appropriate facility as defined further herein until such time that the arrestee is no longer a danger to himself or others as defined in Subsection B of this section.
B.
The officer or other individual holding the arrestee shall release
the arrestee from protective custody when he is no longer a danger
to himself or others, which is defined as when the arrestee's
blood alcohol level is less than 0.05% and that 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.
C.
The period of protective custody shall not exceed eight hours without providing the arrestee an appropriate hearing before the Municipal Court to determine if a protective custody period longer than eight hours is required in order to prevent the arrestee from being a danger to himself or others as defined in Subsection B of this section.
D.
For the purposes of this chapter, an appropriate facility shall include a police station, the Hunterdon County Jail or, if the arresting officer deems appropriate, a school or hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time that the arrestee is no longer a danger to himself or others as defined in Subsection B of this section.
