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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
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CLERK I