Eastwood, Jayne and Francis. The opinion of the court was delivered by Eastwood, S.j.a.d.
This appeal concerns the validity of the defendant's conviction by the Sussex County District Court for alleged violations of R.S. 26:3B-2, 3, 4 and 7 of the "Health and Vital Statistics" Act. A co-defendant, Springdale Park, Inc., similarly charged and convicted, did not prosecute an appeal.
The defendant Andriotis is the owner and Springdale Park, Inc. the lessee in possession of premises whereon a restaurant and tavern are operated by Springdale. In the lease between Andriotis and Springdale the owner covenanted to keep the premises in good repair at all times. Upon an examination and inspection of the premises by representatives of the plaintiff Board of Health of the Township of Andover (hereinafter referred to as "board of health"), an overflowing cesspool was discovered, whereupon a certain test was made by depositing chemical dyes in the toilet facilities. It was observed that the chemical dyes flowed from the toilets to a cesspool on the defendant's premises and from thence over the ground to a drain which discharges its contents in the Pequest River. After informing the owner and tenant of the aforementioned unsanitary condition, the representatives of the board of health made a subsequent inspection of the premises and found that no changes had been made to correct the unsanitary conditions. This action was thereupon instituted.
The pertinent provisions of the statute allegedly violated, read as follows:
"No person, corporation or municipality shall maintain, use or permit to be used any privy, privy vault, cesspool, septic tank, title disposal field or other means of disposal of human excrement which allows flies to gain access to the excremental matter contained therein, or from which excremental matter or liquid containing excremental matter flows over or upon the surface of the ground or gains access to the source of any public water supply or to any well or spring, used as a private potable water supply."
"No person, corporation or municipality shall deposit or permit to be deposited or to remain on the surface of the ground any human excrement or material containing human excrement or dispose of or place any such material where it can gain access to the source of any public water supply or to any well or spring, used as a private potable water supply."
"No person, corporation or municipality shall deposit, store or allow to accumulate or provide storage facilities for human excrement, any decomposable animal or vegetable matter, domestic, factory, workshop, mill or slaughterhouse refuse, sink, laundry, milk, creamery or cheese house waste or any other polluting matter so that it gains access to any well, spring, stream, lake or other body of water, including the ocean and its estuaries, in such manner as to cause or threaten injury to any of the inhabitants of this State, either in health, comfort or property."
"No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of filth or source of foulness which is hazardous to the health or ...