[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy
Hills 4-27-2004 by Ord. No. 2004:08. Amendments
noted where applicable.]
Any 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 person's condition may be monitored until the person
is no longer a danger to himself or others. The 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 municipality's law enforcement agency
hold a person in protective custody for a period of longer than eight hours
without providing an appropriate hearing.
Notwithstanding the provisions of this chapter, 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.) to provide an appropriate alternative to protective custody. The
municipality and its law enforcement agency shall not be subject to liability
if a person is released from custody pursuant to the provisions of this chapter
under the Act.
Nothing in this chapter shall be construed as requiring the use of State
Police facilities by the municipality for purposes of this chapter under the
Act.
All the provisions of the Act referenced above are hereby incorporated
into and are deemed to be a part hereof.
