Township of Burlington, NJ
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2023-05-09
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Part II: General Legislation
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Chapter 114 Alcoholic Beverages
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Article IV Detainment of Persons Under the Influence of Alcohol
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 15 Vehicles and Traffic
- Ch 20 Administration of Government
- Ch 27 Computer, E-Mail and Voice Mail, Use of
- Ch 29 Criminal History Background Checks
- Ch 32 Defense and Indemnification
- Ch 40 Loss Control Program
- Ch 45 Nepotism Policy
- Ch 51 Pay-To-Play
- Ch 58 Personnel Policies
- Ch 63 Police Department
- Ch 65 Political Fund-Raising, Use of Public Property for
- Ch 72 Public Works Department Rules and Regulations
- Ch 76 Retirement
- Ch 87 Workplace Violence
- Part II: General Legislation
- Ch 100 Adult Uses
- Ch 108 Alarms and Alarm Systems
- Ch 114 Alcoholic Beverages
- Ch 114 Art IV Detainment of Persons Under the Influence of Alcohol
- § 114-23 Holding of DUI arrestees in protective custody.
- Ch 122 Animals
- Ch 133 Block Parties
- Ch 135 Boardinghouses and Furnished Rooms
- Ch 140 Brush, Weeds, Trees and Debris
- Ch 141 Bamboo, Invasive
- Ch 153 Buildings, Unfit
- Ch 168 (Reserved)
- Ch 186 Condominium Conversion
- Ch 192 Construction and Demolition Activities
- Ch 200 Construction Codes, Uniform
- Ch 206 Curfew
- Ch 210 Donation Clothing Bins
- Ch 214 Driver Training Schools
- Ch 220 Drug-Free Zones
- Ch 224 Dumpsters and Refuse Containers
- Ch 243 Events
- Ch 257 Firearms
- Ch 262 Fire Hydrants
- Ch 268 Fire Insurance Claims
- Ch 275 Fire Prevention
- Ch 282 Flood Damage Prevention
- Ch 289 Food Establishments, Retail
- Ch 294 Games of Chance
- Ch 299 Garage Sales
- Ch 313 Hotels, Motels and Apartments
- Ch 318 Housing Standards
- Ch 330 Land Development
- Ch 337 Littering
- Ch 349 Massage Establishments
- Ch 360 Noise
- Ch 366 Nuisances
- Ch 371 Numbering of Buildings and Curbs
- Ch 378 Nurseries, Nursing Homes, Convalescent Homes and Homes for the Aged
- Ch 395 Parks and Recreation Areas
- Ch 400 Peace and Good Order
- Ch 407 Peddling and Soliciting
- Ch 413 Personal Property, Abandoned
- Ch 426 Poolrooms and Billiard Rooms
- Ch 434 Precious Metals and Gems
- Ch 442 Property Maintenance
- Ch 443 Property, Vacant or Abandoned
- Ch 467 Sewers
- Ch 468 Public Works Equipment Usage Fees
- Ch 473 Sex Offenders
- Ch 480 Shopping Carts
- Ch 494 Smoking at Township Facilities
- Ch 500 Soil Erosion and Sediment Control
- Ch 505 Soil Removal
- Ch 512 Solid Waste; Recycling
- Ch 517 Stormwater Management
- Ch 520 Streets and Sidewalks
- Ch 537 Taxation
- Ch 551 Towing
- Ch 556 Trailers and Recreational Vehicles
- Ch 563 Vehicles, Abandoned
- Ch 570 Vehicles, Motor-Driven
- Ch 577 Vending Machines
- Ch 584 Water
- Ch 590 Water Collection Areas; Excavation Fencing
- Ch 595 Wells and Cisterns, Unguarded
- Appendix
- Ch A610 Cable Television Franchise Agreement
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[Adopted 8-8-2006 by Ord. No. 06-OR-027 (as Sec. 14:22 of the 1975 General Ordinances)]
A.
Any person who is arrested for a violation of the
provisions of N.J.S.A. 39:4-50 may be held in protective custody in
an appropriate facility where the person's condition may be monitored
until the person is no longer a danger to themselves or others. The
person shall be released from protective custody when that person
is no longer a danger to themselves or others, which would occur when
that 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 a municipality
hold a person in protective custody for a period longer than eight
hours without providing an appropriate hearing.
B.
Notwithstanding the provisions set forth above, provided
it is not a detriment to public safety, the police force may, because
of the age, health or safety of the arrested person, release the person
pursuant to the provisions of N.J.S.A. 39:4-50.22 or provide an appropriate
alternative to protective custody. The arrested person shall be afforded
an opportunity to summon a person to provide for his transportation.
Protective custody should be used as a last resort. The municipality
shall not be subject to liability if a person is released from custody
pursuant to the provisions of this subsection.
