[Adopted by Ord. No. 09-7 (Ch. 9.18 of the 2000 Code)]
Any person who is arrested for a 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 or others. That person shall be released from protective custody when that 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 facilities are impaired. In no event shall the Township's Police Department or the Hunterdon County Detention Center hold a person in protective custody for a period of longer than eight hours without providing an appropriate hearing.
Notwithstanding the provisions of this article, 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. Neither the Township's Police Department nor the Hunterdon County Detention Center shall be subject to liability if a person is released from custody pursuant to the provisions of this article under N.J.S.A. 40:48-1.3.
Nothing in this article shall be construed as requiring the use of State Police facilities by the Township of Raritan for purposes of this article under N.J.S.A. 40:48-1.3.
All the provisions of N.J.S.A. 40:48-1.3 referenced above are hereby incorporated into and are deemed to be a part hereof.
For purposes of this article, the appropriate police or other facility is the Hunterdon County Detention Center.