Agoura Hills Municipal Code Part 5 General Requirements

Each collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all its employees. Each collector shall file and maintain a certificate or certificates with the city manager showing said insurance to be in full force and effect at all times that the collector conducts collection services in the city.

(Ord. No. 209, § 1, 4-8-92)

(a) Insurance. Prior to issuance of a solid waste collector permit, each collector shall furnish the city a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the sum of not less than one million dollars ($1,000,000.00) single combined limit. Such insurance shall be primary and not excess, shall be procured from an insurer authorized to do business in the State of California, shall name the City of Agoura Hills and its officers, employees and agents as additional insured, shall not be canceled or modified without first giving the city thirty (30) days' prior written notice and shall be acceptable to the city attorney. This section 5325(a) shall not apply to a person who comes within the terms of sections 5320, 5321, 5322 or 5323 of this Code.

(b) Indemnification. Prior to issuance of a solid waste collector permit, each collector shall, in writing, agree to indemnify the city, defend with counsel approved by the city, protect and hold harmless the city, its officers, employees, agents and assigns from and against all claims and damages including but not limited to natural resources damage, punitive damages, response remediation and removal costs, liabilities, causes of action, legal or administrative proceedings, interest, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, city or its officers, employees, agents or the collector arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remediation response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the collector stores or disposes of solid or hazardous waste pursuant to said permit. The foregoing indemnity is intended to operate as an agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify the city from liability.

(Ord. No. 209, § 1, 4-8-92)

A collector shall so conduct its operations as to cause the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection within five hundred (500) feet of residential property shall not exceed a level of seventy-five (75) decibels when measured at a distance of twenty-five (25) feet.

(Ord. No. 209, § 1, 4-8-92)

Every residential or commercial collector shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the telephone directory including Agoura Hills in the name under which it conducts business in the City, and shall at all times during the hours between 8:00 a.m. and 6:00 p.m., Monday through Friday, except holidays, have some person at said office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the city.

(Ord. No. 209, § 1, 4-8-92)

Any person who deposits or causes to be deposited any solid waste or recyclable material on the public right-of-way or on private property within public view, except in a container provided therefor as herein provided, shall immediately sweep up and remove the same.

Any person, firm or corporation violating any provision of this section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.

(Ord. No. 209, § 1, 4-8-92)

No person shall transfer solid waste from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owning to mechanical failure or accidental damage to a vehicle.

(Ord. No. 209, § 1, 4-8-92)

At any premises in or upon which a solid waste container or recyclable material container is placed for collection, no person shall remove any material from such container other than the following persons:

(a) The collector who is authorized to provide collection services at the premises;

(b) The residential householder or residential owner of such residential premises;

(c) The commercial business owner or employee of a business on such commercial premises;

(d) The owner or employee of the owner of the container; or

(e) An authorized employee or agent of the city.

(Ord. No. 209, § 1, 4-8-92)

The city may require that any solid waste collected by a collector be delivered to a solid waste or other facility designated by the city. This exercise of "flow control" by the city shall be made with at least thirty (30) days' notice to collector.

(Ord. No. 209, § 1, 4-8-92)