City of Salem, NJ
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2023-12-18
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Part II: General Legislation
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Chapter 69 Alcoholic Beverages
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Article III Detention of Individuals Charged with Driving under Influence of Alcohol
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Administration of Government
- Ch 8 Ambulance Services, Department for
- Ch 10 Cannabis Review Board
- Ch 11 Commerce Department
- Ch 13 Contracts
- Ch 14 Court
- Ch 24 (Reserved)
- Ch 26 Election Districts
- Ch 27 Ethics, Code of
- Ch 29 Fire Department
- Ch 32 Health, Board of
- Ch 35 Housing Authority
- Ch 37 (Reserved)
- Ch 39 Inspections and Permits
- Ch 41 Municipal Property
- Ch 43 Personnel Policies
- Ch 50 Police Department
- Ch 52 Port Authority
- Ch 53 Public Works Department
- Ch 54 Purchasing Procedure
- Ch 59 Shade Tree Advisory Board
- Part II: General Legislation
- Ch 69 Alcoholic Beverages
- Ch 69 Art III Detention of Individuals Charged with Driving under Influence of Alcohol
- § 69-19 Protective custody.
- Ch 71 Amusement Devices
- Ch 74 Animals
- Ch 79 Bicycles and Skates
- Ch 84 Brush, Grass, Trash and Weeds
- Ch 86 Buildings, Unfit, Abandoned and Vacant; Emergency Procedures
- Ch 88 Business Licenses
- Ch 94 Construction Codes, Uniform
- Ch 98 Curfew and Parental Responsibility
- Ch 103 Drug-Free Zones
- Ch 109 Entertainment, Public
- Ch 122 Insurance
- Ch 127 Junkyards and Junk Dealers
- Ch 130 Land Use
- Ch 135 Licenses and Permits
- Ch 137 Noise
- Ch 143 Obscene Materials
- Ch 148 Outdoor Sidewalk Cafes
- Ch 153 Parks and Recreation Areas
- Ch 157 Peace and Good Order
- Ch 160 Peddling and Soliciting
- Ch 163 Property Maintenance
- Ch 170 Records
- Ch 172 Rental of Residential Units
- Ch 174 Sales
- Ch 181 Shopping Centers
- Ch 185 Solid Waste
- Ch 189 Streets and Sidewalks
- Ch 200 Taxation
- Ch 208 Taxicabs
- Ch 210 Towing
- Ch 212 Trailers and Trailer Parks
- Ch 215 Urban Homestead Program
- Ch 217 Vehicle Repair Garages
- Ch 221 Vehicles, Abandoned
- Ch 225 Vehicles and Traffic
- Ch 230 Water and Sewers
- Appendix
- Ch A241 Cable Television Franchise
- Ch A242 Electric Franchise
- Ch A243 Gas Franchise
- Ch A244 Railroads
- Ch A245 Telephone and Telegraph Franchise
- Disposition List
- Ch DL Disposition List
[Added 10-6-2003 by Ord. No. 03-22]
A.
Pursuant to the provisions of N.J.S.A. 40:48-1, upon
the arrest of any person for a violation of the provisions of N.J.S.A.
39:4-50, such person 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. 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 faculties are
impaired. In no event shall the person be held in protective custody
for a period in excess of eight hours without providing an appropriate
hearing. Once it is determined that the person is no longer a danger
to himself or others, then the person shall be released from custody.
B.
Notwithstanding the provisions of Subsection A of this section and 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 pursuant to the provisions of the subsection.
