[Adopted by the Township Committee of the Township of Bethlehem 5-5-2016 by Ord. No. 432.2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 54.
[1]
Editor's Note: This ordinance was originally adopted as Ch.
72 but was renumbered to maintain the organization of the Code.
A.
A 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 arrestee's condition may be monitored
until the arrestee is no longer a danger to himself or others, which
is defined as when the arrestee's blood alcohol is less than
0.05% and the arrestee is no longer under the influence of any intoxicating
liquor or narcotic or hallucinogenic or habit-forming drug to the
extent that the arrestee's facilities are impaired. The officer
or other person holding the arrestee shall release the arrestee from
protective custody when the arrestee no longer is a danger to himself
or others. In no event shall the arrestee be held in protective custody
for a period of longer than eight hours without providing the arrestee
an appropriate hearing.
Notwithstanding the provisions of § 118-1 of this chapter, provided that it is not a detriment to the public safety, the officer or other person holding the arrestee may, because of the age, health or safety of the arrestee, release the arrestee pursuant to the provisions of § 118-4 of this chapter, or provide an appropriate alternative to protective custody. The Township of Bethlehem shall not be subject to liability if a person is released from custody pursuant to the provisions of this chapter.
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 as the arrestee is no longer a danger to himself or others as defined in § 118-1 of this chapter.
Whenever a person is summoned by or on behalf of a person who
has been arrested for a violation of N.J.S.A. 39:4-50 or 39:4-50.4a
in order to transport or accompany the arrestee from the premises
of the officer or other person holding an arrestee, the officer or
other person shall provide that person with a written statement advising
him of his potential criminal and civil liability for permitting or
facilitating the arrestee's operation of a motor vehicle while
the arrestee remains intoxicated. The person to whom the statement
is issued shall acknowledge, in writing, receipt of the statement,
or the officer or other person holding the arrestee shall record the
fact that the written statement was provided, but the person refused
to sign an acknowledgment.
Nothing in this chapter shall impose any obligation on a physician
or other health care provider involved in the treatment or evaluation
of the arrestee.
