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Cutaio v. Board of Health

Decided: August 30, 1955.

JOHN CUTAIO, PLAINTIFF-RESPONDENT,
v.
THE BOARD OF HEALTH OF THE CITY OF ELIZABETH, AND THE CITY OF ELIZABETH, A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS



Francis, Hall and Burton. The opinion of the court was delivered by Hall, J.s.c. (temporarily assigned).

Hall

[36 NJSuper Page 566] This appeal is from a summary judgment directing defendant Board of Health of

the City of Elizabeth to grant a transfer to a new location of plaintiff's license to operate a poultry slaughter house.

The sanitary code, adopted by the board of health as an ordinance in 1926, provides that no person, firm or corporation shall slaughter poultry in a public market in the city without first having obtained a permit from the board for that purpose and that such permit shall be issued upon payment of a fee of $50, to expire at the end of one year from the first day of July.

The succeeding section of the code, entitled "Requirements for Poultry Slaughter Houses," requires conformity of all buildings in which such operations are carried on with specified conditions relating to floors, walls, ventilation, direct sewer connection, and refuse receptacles. It is further directed that all parts of such places of business shall at all times be kept in sanitary condition.

In May 1952 the board adopted an ordinance amending the code, with which we are primarily concerned on this appeal. The pertinent sections read as follows:

"Section 1. That the number of poultry slaughter house licenses in the City of Elizabeth be limited in number to the present existing number, to wit, twenty (20), heretofore issued by the Board of Health, and that all provisions, requirements and fees concerning the issuance of a slaughter house license remain the same.

Section 2. That the Board of Health of the City of Elizabeth may hereafter issue renewals from year to year, and transfers from one owner to another owner at the same address, provided, that all provisions are in compliance with the Elizabeth Plumbing and Sanitary Codes."

General legislative authority for the enactment of such local ordinances is found in R.S. 26:3-31.

"The local board of health shall have power to pass, alter or amend ordinances and make rules and regulations in regard to the public health within its jurisdiction, for the following purposes:

k. To regulate, control, or prohibit the keeping or slaughtering of animals."

Our attention is not called to any other statutory or ordinance provisions or rules and regulations applicable in the City of ...


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