La Crosse Rendering Works, Inc. v. City of La Crosse

• Decision Date: 06 June 1939
• Citation: 285 N.W. 393,231 Wis. 438
• Parties: LA CROSSE RENDERING WORKS, Inc., v. CITY OF LA CROSSE et al.
• Court: Wisconsin Supreme Court

231 Wis. 438

285 N.W. 393

LA CROSSE RENDERING WORKS, Inc.,

v.CITY OF LA CROSSE et al.

Supreme Court of Wisconsin.

April 11, 1939.

Rehearing Denied June 6, 1939.

Appeal from an order of the Circuit Court for La Crosse County; R. S. Cowie, Judge.

Affirmed.

Action commenced September 3, 1938, against the city of La Crosse, A. M. Murphy, health officer of said city, John B. Webber, chief of police of La Crosse, and C. A. Boerner, mayor of the city of La Crosse, to enjoin and restrain defendants from interfering or attempting to interfere with the operation of plaintiff's rendering works, located in the city of La Crosse. The complaint also contains a prayer for $10,000 damages alleged to have been sustained by reason of defendants' alleged interference with the operation of plaintiff's plant. The plaintiff-appellant is the successor to one Philip Martin, to whom the city of La Crosse granted permission and authority to erect, construct and maintain a rendering plant in said city. The ordinance is as follows:

“Ordinance No. 543

“An Ordinance granting to Philip Martin and to his successors and assigns, permission and authority to erect, construct, and maintain on fractional lot number three (3), in section number seven (7) Township number fifteen (15) North, Range seven (7) west, in the city of La Crosse, La Crosse county, Wisconsin, a rendering establishment.

“The Common Council of the City of La Crosse do ordain:

“Section 1. It is hereby granted to Philip Martin and to his successors and assigns, subject to the restrictions and limitations herein contained the right to construct, operate and maintain and use for a period of fifty years a rendering establishment for the purpose of steaming, boiling or rendering lard, tallow, offal and such other substances as can or may be rendered, on fractional lot No. 3 (3) in section No. 7 (7), Township No. 15 (15) North, range No. 7 (7) west in the city of La Crosse, La Crosse county, Wisconsin.

“Section 2. The business herein licensed to be carried on said premises shall at all times be subject to the police supervision of the city of La Crosse and shall be conducted under the supervision and inspection of the health department, and shall be equipped and kept equipped with modern machinery and appliances and shall be so carried on as to create no offensive smell or nuisance in said city.

“Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed and annulled so far as the same is applicable to the premises herein described.

“Section 4. This ordinance shall be in force and take effect from and after its passage and publication.

“Passed December 12, 1913. Published March 28, 1914.”

In 1935, Philip Martin sold, assigned, transferred and conveyed, for a consideration, his license or permit, aforesaid, to conduct a rendering plant, to the plaintiff, La Crosse Rendering Works, Inc., and also sold the rendering plant to plaintiff. While it appears that the license or permit, together with the plant, were sold to the plaintiff company for about $7,000, it is alleged that plaintiff has since conducted the business of rendering and has spent in modernizing the plant, with the latest and best equipment, a large sum of money; that at the time this action was commenced, plaintiff's investment represented approximately $65,000.

On July 15, 1938, the common council of the city of La Crosse enacted ordinance No. 1074, which is as follows:

“Section 1. No person, firm or corporation shall boil, heat, dry or keep or store any offal, swill, bones, fat or tallow, or skin any skunk or any animal having an offensive odor, either natural or from organic decay, nor bring or import into the corporate limits of the City of La Crosse, any hog, horse, sheep, beef or other animal that has an offensive odor or has been dead more than 16 hours.

“Section 2. Beginning April 1st of any year or before November 1st it shall be unlawful to render, boil, heat any blood, soap, fat, grease, gut or any part of dead animals or conduct any business or occupation that will or does generate (give off) unwholesome, offensive odors, gasses, smoke or exhalation, which creates an offensive odor detrimental to life, health or comfort to residents living in surrounding or adjacent districts.

“Section 3. No person shall hereafter be permitted to build, maintain or conduct the business of rendering or hauling of dead animals, bone boiling, gut cleaning, glue making, skinning or storing skunk hides in any manner within the incorporated limits of the City of La Crosse without first obtaining a permit from the Common Council and a license fee of $50.00 be payable to the City Treasurer. Such license shall be issued before operation begins and annually beginning July 1st. Violation of this Section shall be punishable by a fine of not less than $50.00 or more than $100.00 or imprisonment in the county jail not less than 10 days or more than three months.

“Section 4. Rendering plants, tanneries, slaughtering houses or other places where large amounts of offal, blood or other waste from slaughtering or rendering animal carcasses or tankage of meat scraps or waste shall provide adequate sewage disposal drains, where available, where no public sewer is accessable, adequate dry wells, condensors or septic chambers instead shall be provided and maintained, so that no overflow will occur at any time and in the event such dry wells, condensors or septic tank arrangements become out of order further operation may not continue until put in proper sanitary operating order.

“Section 5. No owner or operator of any slaughtering house, rendering plant or place, where animal carcasses are killed, rendered or handled in any manner, shall prevent or attempt to prevent any authorized official from entering for inspection any rendering plant, slaughter house or similar place or institution where carcasses or offal of animals or similar material is handled, rendered, cooked or boiled. No tankage or reduction shall be attempted of any animal, material or waste in a state of organic decay or where putrefaction (rottenness) has set in.

“Section 6. Beginning April 1st and continued to November 1st all rendering plants and similar places where animal carcasses or material awaits reduction and all offal pertaining thereto shall be heavily and efficiently sprayed with a strong solution of some efficient (coal tar) product to thoroughly disinfect and deodorize all materials reduced or awaiting reduction to prevent odors. All floors and walls where blood or decomposing animal material or organic matter on which flies and bacteria find favorable conditions for development must be washed and thoroughly sprayed in hot weather daily or as frequently as necessary to prevent development of flies, bacteria and bad odors. Spraying machines shall be of such a type and of sufficient capacity to thoroughly saturate all material, walls and floors in a reasonable length of time.

“Section 7. No person or operator in charge of any rendering plant, packing or slaughtering house shall permit any truck or other vehicle or conveyance to transport any dead animals or decaying material through the streets of the City of La Crosse, which is giving off offensive or foul odors nor shall any owner, operator or driver attempt to use any auto, truck or vehicle that in itself is unclean, offensive or foul smelling.

“Section 8. It shall be the duty of the Commissioner of Health or Health Officer or his agents to strictly enforce all the provisions of this Ordinance. It shall be the special duty of the Chief of Police and all police officers to promptly report to the Health Commissioner or Health Officer any and every violation of this Ordinance within said City of La Crosse, which shall come to their knowledge and all such officers are empowered to cause the immediate abatement of any existing nuisance “Section 9. No person, firm or corporation shall locate, build or operate any new rendering plant, slaughtering house within the limits of the City of La Crosse for the purpose of killing, rendering, boiling, glue making, storing of hides, including skunk of other offensive business or trade without first obtaining a license from the Common Council.

“Section 10. Any person, firm or corporation violating any of the provisions of this Ordinance shall upon conviction thereof be fined not less than $50.00 or more than $100.00 for each offense or by imprisonment in the county jail for not less than 10 days nor more than 3 months.

“Section 11. Should any section of this Ordinance be declared unconstitutional or invalid for any reason the remainder of this Ordinance shall not be affected thereby.”

On August 17, 1938, the plaintiff company was served with the following notice:

“To the La Crosse Rendering Works Company:

“Gentlemen:

“You are hereby notified that the Council of the City of La Crosse passed a resolution setting a hearing on the revocation of your license under Ordinance No. 543, for 7:30 o'clock P. M. Monday night, August 22, 1938, in the Council Chamber, in the City Hall, in the city of La Crosse.

“The Health Officer has filed a complaint that you have violated Section 2 of the above ordinance, which provides as follows:

“‘Section 2. The business herein licensed to be carried on said premises shall at all times be subject to the police supervision of the city of La Crosse and shall be conducted under the supervision and inspection of the health department, and shall be equipped and kept equipped with modern machinery and appliances and shall be so carried on as to create no offensive smell or nuisance in said city.’

“The specific charge of violation is that you have permitted offensive smells to emit from your plant.

“You are further notified that you may attend at that time in person and by attorneys and present witnesses in refutation of this charge.

“Dated August 17, 1938.

“Alice Dickson,

“Deputy City...