A. 
Except as otherwise provided in this article, no person shall collect or transport nonresidential solid waste unless licensed to do so by the city.
B. 
No license shall be required for a person or firm, or an employee of either, to collect or transport nonresidential solid waste which is generated exclusively upon premises occupied by such person or firm.
C. 
Regardless of whether a license is required pursuant to this article, all persons collecting or transporting solid waste within the city shall at all times comply with all federal, state, county and city rules, regulations and laws established by governmental entities or agencies having jurisdiction.
(Ord. 1216, § 1, 10-5-2010)
Where used in this article, "collector" means any person or firm licensed by the city for collection and transportation of nonresidential solid waste and includes any person acting on behalf of any such person or firm.
(Ord. 1216, § 1, 10-5-2010)
A. 
All collectors shall secure and maintain, during the permit period and at all other times when using the streets of the city, such insurance as is hereinafter required. The collector shall submit written evidence of insurance with any permit application prior to obtaining a permit. Insurance shall be considered acceptable when provided by one of the following methods:
1. 
Issuance of an original policy designating the collector and the city, by name, as the insured parties under the provisions of the policy;
2. 
Endorsement to an original policy when endorsement shall extend to the city the same coverage and protection stipulated in the paragraph above;
3. 
Separate contingent policy providing the required insurance coverage for the protection of the city.
B. 
A duplicate of the original of each policy shall be furnished showing specifically the coverage and limits, together with the underwriter thereof, for approval by the city. Regardless of such approval by the city, it shall be the responsibility of the collector to maintain adequate insurance coverage at all times, and the failure to do so shall not relieve the collector of any obligation or responsibility. Failure on the part of the collector to maintain required insurance in full force and effect will be construed as a violation of this chapter. Satisfactory certificates of insurance filed with the city shall note that fifteen calendar days' written notice will be given to the city before any policy covered thereby is changed or cancelled.
(Ord. 1216, § 1, 10-5-2010)
The collector shall provide the insurance required by this section and shall list the city as a beneficiary thereon "as its interest may appear":
A. 
Workmen's Compensation and Employer's Liability. This insurance shall protect the collector against all claims under the workmen's compensation law. The collector shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than the following:
1. 
Workmen's compensation: Statutory maximum amount;
2. 
Employee's liability: One hundred thousand dollars ($100,000.00) each person.
B. 
Automobile Liability. This insurance shall be written in comprehensive form and shall protect the collector against all claims for the operations of all motor vehicles, whether they are owned or non-owned. The liability limits shall not be less than the following:
1. 
Bodily injury: One hundred thousand dollars ($100,000.00) each person;
2. 
Bodily injury: Three hundred thousand dollars ($300,000.00) each occurrence;
3. 
Property damage: Fifty thousand dollars ($50,000.00) each occurrence. Such policy may be written to allow the first five hundred dollars ($500.00) of liability for damage to property to be deductible.
C. 
General Liability. This insurance shall be written in comprehensive form and shall protect the collector against all claims arising from injuries to any person or damage to property of others arising out of any act or omission of the collector; and, in addition, this policy shall specifically provide collector protective liability insurance and contractual liability insurance covering the obligations stipulated herein. The collector shall provide and maintain insurance to protect the city against any and all claims for damages for personal injury, including accidental death, as well as from claims under such contract, whether operations thereunder are conducted by the collector, any of his subcontractors, or by anyone directly or indirectly employed by the collector or his subcontractors. The liability limits shall not be less than the following:
1. 
Personal injury: One hundred thousand dollars ($100,000.00) each occurrence; three hundred thousand dollars ($300,000.00) aggregate or single, limit of three hundred thousand dollars ($300,000.00);
2. 
Property damage: Fifty thousand dollars ($50,000.00) each occurrence, one hundred thousand dollars ($100,000.00) aggregate.
D. 
Such policy may be written to allow the first five hundred dollars ($500.00) or liability for damage to property to be deductible.
(Ord. 1216, § 1, 10-5-2010)
Collectors shall, by virtue of using the city streets, be obligated to indemnify, defend, punctually pay and save harmless the city and all of its agents, representatives and employees from all suits, claims, demands or actions of every kind or description arising from or relating to any acts, omissions or negligence of the collector, his servants, employees, agents or subcontractors. The collector shall likewise punctually pay, defend, indemnify and save harmless the city and all their agents, representatives and employees for and on account of any injury or damages received or sustained by the collector, its servants, agents or subcontractors on account of any claim or amount recovered for royalty or infringement of patent, trademark, copyright or on account of any claim or amount recovered under the workmen's compensation law.
(Ord. 1216, § 1, 10-5-2010)
The collector shall not obstruct streets and shall keep passageways open. The collector is granted the privilege of using the streets for the work specified but is not granted exclusive use of such streets. The collector shall handle the work in a manner which shall cause the least inconvenience to the public or property owners and shall perform his labors in a courteous, prompt manner.
(Ord. 1216, § 1, 10-5-2010)
No person, firm or corporation shall, within the city limits, collect or dispose of solid waste unless a permit is first obtained from the city clerk prior to the issuance of said license. The collector shall deliver to the city clerk copies of certificates of insurance reflecting compliance with the safety responsibility laws of the state, and, in addition, such insurance as may be required by this chapter prior to the operation of a motor vehicle upon the streets and highways of the city and state. Such insurance shall be kept in full force and effect at all times. In addition, the collector shall deliver to the city clerk written evidence that said collector has complied with the solid waste code for municipalities, and this chapter, and that his vehicle and/or vehicles in all respects comply with the provisions of the solid waste code. In addition, the collector shall deliver to the city clerk the insurance certificates required under the provisions of this chapter, and the make, model and identification or registration number of each vehicle which may be operated on the city streets, and such other information as may be reasonably required to assure the governing body that the terms of this chapter are being and will be complied with. The collector and all employees shall at all times remain licensed to operate a motor vehicle under the laws of the state.
(Ord. 1216, § 1, 10-5-2010)
Any collector collecting solid waste in the city of Valley Center shall deliver to the city clerk a detailed, itemized written list setting forth the names and addresses of any parties with whom it has contracted for the collection of solid waste, and the addresses from which said solid waste is being collected. Said list shall be modified and brought current in writing on the first day of each and every month thereafter. After the original list has been submitted to the city clerk, the collector shall be responsible for delivering to the city clerk any deletions or additions to said list. Any collector contracting with the city shall execute such contract documents as may be consistent with the terms of this chapter.
(Ord. 1216, § 1, 10-5-2010)
In the event a collector fails to comply with any of the provisions of this chapter, the city clerk may, in addition to any other remedies authorized therefor and upon fourteen (14) days' notice to such collector, suspend or revoke such license. The collector may appeal such suspension or revocation order to the governing body by filing a written notice of appeal within ten (10) days after issuance of such order.
(Ord. 1216, § 1, 10-5-2010)
An annual permit fee as established by resolution of the governing body of the city for each vehicle licensed shall be paid by the collector to the city clerk. Said fee shall cover a period of time terminating on the thirty-first (31st) day of December of each year. No permit shall be transferred without first obtaining the written consent of the city clerk.
(Ord. 1216, § 1, 10-5-2010)
A. 
No person shall:
1. 
Collect, transport or dispose of nonresidential refuse, solid waste or recyclables within the city in violation of any provision of this article;
2. 
Collect, transport or dispose of nonresidential refuse, solid waste or recyclables within the city except pursuant to a valid license issued therefor by the city;
3. 
Operate a vehicle within the city for the purpose of collecting, transporting or disposing of nonresidential refuse, solid waste or recyclables, except pursuant to a valid permit for such vehicle issued by the city pursuant to this chapter.
B. 
A violation of this article, if committed by a person who has not been convicted of any such violation within the immediately preceding twelve (12) months, shall be punishable by a fine not to exceed one hundred dollars ($100.00).
C. 
A violation of this article, if committed by a person who has been convicted of any such violation within the immediately preceding twelve (12) months, shall be a class "C" violation.
(Ord. 1216, § 1, 10-5-2010)
The owner of each multifamily structure or mobile home park shall provide sufficient containers, meeting the requirements of this chapter, to contain all solid waste produced by the occupants of the premises during the collection period therefor, and shall ensure that all garbage, refuse and solid waste generated upon such property is deposited therein.
(Ord. 1216, § 1, 10-5-2010)