(a) Findings.
(1) The city council has investigated and determined that it would be
in the best interest of the city and its inhabitants to prohibit drilling
and/or mining within the corporate limits of the city.
(2) The city finds that prohibiting drilling and/or mining within the
corporate limits of the city will help protect the health, safety
and welfare of the citizens of the city.
(b) Definitions.
For the purposes of this section, the following
definitions shall apply, unless the context clearly indicates or requires
a different meaning:
Drilling and/or mining.
Any activity including drilling or boring which is intended
to produce, save or make available any oil, gas, sulphur, fissionable
materials or other minerals in and under the land, and is illustrated
by, but not limited to, the following:
Person.
A natural person (individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint
stock company or association, and other such entity.
(c) Violations.
It shall be unlawful for any person to commit
any drilling and/or mining within the corporate limits of the city
and/or permit any such violation of this section.
(d) Declaration of nuisance.
The presence of any drilling
and/or mining within the corporate limits of the city in violation
of this section is hereby declared to be a common public nuisance.
(e) Penalty; injunction.
(1) Any person violating any of the provisions of this section shall
be deemed guilty of a class C misdemeanor upon conviction and shall
be fined, except as otherwise provided herein, in a sum not to exceed
$2,000.00 for each offense, and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
(2) If the city council determines that a violation of this section creates
a threat to the public safety, the city may bring suit in district
court to enjoin the person, firm, partnership, corporation, or association
from engaging in the prohibited activity.
(2004 Code, secs. 92.08, 92.99(C))