Township of Mansfield, NJ
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2021-12-08
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Part II: General Legislation
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Chapter 265 Protective Custody of Intoxicated Drivers
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Background Checks
- Ch 5 Boards, Committees and Commissions
- Ch 11 Claims Approval
- Ch 18 Court, Municipal
- Ch 24 Defense and Indemnification
- Ch 30 Employee Handbook and Benefits
- Ch 37 Fire Department
- Ch 38 Fire Prevention
- Ch 49 First Aid and Rescue Squad
- Ch 58 Mutual Aid
- Ch 64 Officers and Employees
- Ch 69 Open Space Trust Fund
- Ch 77 Police Department
- Ch 85 Senior Citizen Recreation, Department of
- Ch 91 Township Committee
- Ch 96 Trust Account
- Part II: General Legislation
- Ch 104 Adult Establishments
- Ch 111 Alarm Systems
- Ch 117 Alcoholic Beverages
- Ch 123 Animals
- Ch 138 Buildings, Numbering of
- Ch 144 Buildings, Unfit
- Ch 151 Cell Phone, Audiotape Recorder and Camera Use During Open Public Meetings
- Ch 155 Commercial Security
- Ch 158 Construction Codes, Uniform
- Ch 167 Driveways
- Ch 173 Drug-Free School Zones
- Ch 182 Fees
- Ch 188 Fire Insurance Claims
- Ch 199 Flood Damage Prevention
- Ch 206 Games of Chance
- Ch 214 Housing Standards
- Ch 220 Junkyards and Junk Dealers
- Ch 232 Loitering; Curfew
- Ch 240 Noise
- Ch 249 Parks and Recreation Areas
- Ch 255 Peace and Good Order
- Ch 260 Peddling and Soliciting
- Ch 264 Property Maintenance
- Ch 265 Protective Custody of Intoxicated Drivers
- § 265-1 Protective custody required; release.
- § 265-2 Exceptions; liability.
- § 265-3 Use of State Police facilities.
- § 265-4 Incorporation of statute.
- Ch 267 Radioactive Materials
- Ch 268 Emergency Radio Communications
- Ch 270 Residential Property, Vacant and Abandoned
- Ch 274 Sales, Special
- Ch 277 Secondhand Dealers
- Ch 281 Smoking
- Ch 290 Solid Waste
- Ch 293 Stormwater Management
- Ch 296 Streets and Sidewalks
- Ch 302 Taxation
- Ch 306 Taxicabs
- Ch 313 Towing
- Ch 319 Traffic Regulations on Private Property
- Ch 322 Trailers and Trailer Camps
- Ch 329 Vehicles and Traffic
- Ch 333 Vending Machines
- Ch 339 Wastewater Treatment Systems
- Ch 345 Water Emergencies
- Ch 352 Wireless Telecommunications
- Part III: Land Use Legislation
- Ch 360 Administration and Procedures
- Ch 361 Design and Performance Standards
- Ch 362 Subdivision and Site Plan Review
- Ch 363 Zoning
- Part IV: Board of Health Legislation
- Ch 370 General Provisions, Board of Health
- Ch 378 Food Establishments
- Ch 384 Nuisances, Public Health
- Ch 390 Open Wells and Excavations
- Ch 396 Plumbing Code
- Ch 401 Sewage Disposal Systems, Individual
- Ch 406 Swine
- Ch 413 Water Systems
- Appendix
- Ch A420 Cable Television Franchise
- Ch A421 Water Franchise
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 9-9-2015 by Ord. No. 2015-09. 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/herself
or others. The person shall be released from protective custody when
that person is no longer a danger to himself/herself or others. A
person is no longer a danger to himself/herself 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 person be held 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 age, health or safety of the arrested person,
release the person pursuant to the provisions of N.J.S.A. 39:4-50.22
et seq. or provide an appropriate alternative to protective custody.
Mansfield and its law enforcement agency shall not be subject to liability
if a person is released from custody pursuant to this provision.
Nothing in this chapter shall be construed as requiring the
use of State Police facilities by Mansfield for the purposes of this
chapter.
All provisions of N.J.S.A. 39:4-50.22 are hereby incorporated
into and are deemed to be a part of this chapter.
