[Added by Ord. No. 41-2003]
A.
Any individual arrested for a violation of N.J.S.A.
39:4-50 (DWI) shall be held in protective custody until the person
is no longer a danger to himself or others.
B.
A person is no longer deemed 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
a municipality hold a person in protective custody for a period of
longer than eight hours without providing an appropriate hearing.
Notwithstanding § 35-29 above, the Police Department may, because of age, health or safety of the arrested person, release the person pursuant to P.L. 2001, c. 69 (N.J.S.A. 39:4-50.22 et seq.) or provide an appropriate alternative to protective custody. The municipality shall not be subject to liability if a person is released from custody pursuant to the provision of this section.
