§ 90.05  MINING PROHIBITED IN TOWN.
   (A)   No person, firm, or corporation shall mine or remove coal, gas, oil, or other minerals from within the limits of the town by either the stripping, open pit, auger, underground, room and pillar, longwall, cut-and-fill, block, shaft, sublevel, borehole, vertical crater, slope, or deep mine method of removing coal and minerals or of drilling for gas, oil, or other energy materials by any commercially known means whatsoever.
   (B)   In addition to the general penalties provided by § 90.99 the town is further authorized to take whatever injunctive relief is necessary to enjoin and restrain the aforementioned removal of coal, gas, oil, or other energy materials.
   (C)   There is hereby excepted from the above prohibitions the mining or removal of coal or other minerals that may be necessary so as to prepare ground within the town for the construction of buildings or dwellings thereon. If such buildings or dwellings could not be constructed without the removal of the subjacent or lateral shafts, then the mining or removal of coal or minerals is permissible.
(Ord. 2017-05, passed 9-18-2017)  Penalty, see § 90.99