[Added 10-19-2010 by Ord. No. O-10-058]
A.
Any person
arrested for operating a motor vehicle in violation 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. The arrested person
shall be released from protective custody when that person’s
blood alcohol concentration is less than 0.05 percent, the person
is no longer under the influence of any intoxicating liquor or narcotic,
hallucinogenic or habit-forming drug to the extent that the person's
facilities are impaired.
B.
In no event
shall the Police Department hold a person arrested for operating a
motor vehicle in violation of N.J.S.A. 39:4-50 in protective custody
as set forth in this section for a period of longer than eight hours
without providing an appropriate hearing before a Municipal Court
Judge.
C.
Notwithstanding the provisions of this section, provided that it is not a detriment to the public safety, the Police Department 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 et seq. or provide an appropriate alternative to protective custody. The Township, its Police Department, and the individual police officers and representatives shall be immune from liability of any kind if a person is released from custody pursuant to the provisions of this Subsection C.
D.
Nothing
in this article shall be construed as requiring the use of state police
facilities by the Township for the purposes of this article.
