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HomeMy Public PortalAboutr 05:305 2t\£zalu±iau af ±q£ ¿ffiaraugq af Q1nd£rd, ~. :IJ. No. #05-305 Date of Adoption October: 27, 2005 RESOLUTION IN SUPPORT OF STATE FUNDING FOR STATE MANDATED USE OF ALCOTEST 7110 MK III-C WHEREAS, State Statute N.J.S.A. 39:4-50, et seq. ("drunk driving laws") makes it unlawful to operate a motor vehicle on a municipal street while under the influence of alcohol; and WHEREAS, municipalities arc chargcd with responsibility for enforcing the drunk driving laws; and WHEREAS, the municipal police have used the Breathalyzer to test citizens to determine whether they are under the influence of alcohol; and WHEREAS, Breathalyzers owned and operated by municipal police departments have been tested and certified by the State Police at no charge; and WHEREAS, the State of New Jersey has recently introduced a new device to measure alcohol consumption, known as the Alcotest 7110 MK lII-C ("Alcotest"), which will cost approximately $13,000 per machine; and WHEREAS, the State of New Jersey had advised that it will no longer support the Breathalyzer, so that Breathalyzers cUlTcntly owned by municipal police departments will no longer be capable of being used to measure blood alcohol; and WHEREAS, the introduction of the Alcotest machine and the refusal of the State to support the Breathalyzers machine has in essence created in State mandate that municipalities purchase the Alcotest; and WHEREAS, the State of New Jersey has passed cap laws that limit the ability of municipalities to increase spending in many categories of municipal budgets; and WHEREAS, the State of New Jersey recently created a $250 fee to be imposed on all pcrsons who plead guilty in municipal courts to a violation of N.J.S.A.39:4-97-2, which fee is a revenue generating mechanism by the State of New Jersey not associated and unrelated to the enforcement of the motor vehicle laws; and WHEREAS, it is appropriate that the State of New Jersey provide to or reimburse municipalities for the purchase of the Alcotest machine either out of general revenue of the State of New Jersey or through the funds raised by the fees imposed by the State in connection with guilty pleas or convictions pursuant to N.J.S.A.39:4-97-2. Adopted this 27th day of October, 2005 and certified as a true copy of the original on October 28, 2005. KATHLEEN M. BARNEY RMC, CMC Municipal Clcrk LINDA A. RIVERA Assistant Municipal Clerk II RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. RFT T T1\IO X 1\1 A 1>1 Fe; X THA 7 X RTOS X ..KRUM X X x - Indicate Vote AB - Absent NY - Not Voting XOR - Indicates Vote to Overrule Vcto Adopted at a meeting of the Municipal Council October 27, 2005 ~ 0 ~ CLERK I