[Adopted 8-8-2006 by Ord. No. 06-OR-027 (as Sec. 14:22 of the 1975 General Ordinances)]
A.
Any person who is arrested for a violation of the
provisions of N.J.S.A. 39:4-50 may be held in protective custody in
an appropriate facility where the person's condition may be monitored
until the person is no longer a danger to themselves or others. The
person shall be released from protective custody when that person
is no longer a danger to themselves or others, which would occur when
that 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 a municipality
hold a person in protective custody for a period longer than eight
hours without providing an appropriate hearing.
B.
Notwithstanding the provisions set forth above, provided
it is not a detriment to public safety, the police force 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 or provide an appropriate
alternative to protective custody. The arrested person shall be afforded
an opportunity to summon a person to provide for his transportation.
Protective custody should be used as a last resort. The municipality
shall not be subject to liability if a person is released from custody
pursuant to the provisions of this subsection.
