[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 12-2-2003
by Ord. No. O:2003-16. Amendments noted where applicable.]
Any person who is arrested for 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 such time as
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
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, 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.), or 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 P.L. 2003, c. 164.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-1.3.
Nothing in this chapter shall be construed as requiring the use of state
police facilities by the municipality for purposes of this chapter under P.L.
2003, c. 164.
All the provisions of P.L. 2003, c. 164, referenced above, are hereby
incorporated into and are deemed to be a part hereof.
