Titusville, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Prohibited
- Structures, fences, pools, parking lots encroaching on public ROW
- Portable goal exception
- Residential streets only, out of travel lane, removed when unused
- Permit needed for
- Excavation, curb cuts, street obstruction, new streets
- Permit authority
- City engineer, fee set at LDR § 34-411
- Penalty
- Up to $500 fine or 60 days jail (§ 1-15)
- Last amended
- Ord. No. 19-2020, § 3, Nov. 10, 2020
Summary
Titusville makes it unlawful for a property owner to build or authorize any structure, including fences, swimming pools, parking lots, or permanent basketball goals and skateboard ramps, that encroaches into a public street, alley or right-of-way. A narrow exception lets portable basketball goals sit in a residential right-of-way if kept out of the travel lane and removed when not in use. Excavation, curb cuts and other right-of-way activities need a city engineer permit.
(a)It shall be unlawful for owners of adjacent real property to construct or authorize construction of buildings, structures ... fences, swimming pools, parking lots or any other facility encroaching in or upon any public street, public alley, right-of-way or drainage right-of-way dedicated to the public use or otherwise acquired by the city ... Portable basketball goals shall be exempt from this requirement, provided the goal is placed outside of the lane of travel by motor vehicles and removed from the right-of-way when not in use. This exception applies to local residential streets only.( ... b)Special permits ... shall be required in order to protect the general public safety and welfare for each of the following activities:(1)Excavation, cut or fill of earth or debris on public lands.(2)Curb cuts or openings onto public streets from private property.( ... 3)Obstructing streets and sidewalks.(4)Lay out and establish new streets.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 54 Update 1 | Land Development Regulations: Supplement 19 Update 1 | Technical Manuals: Supplement 10 Update 1).
Full Breakdown
Sec. 17-1 of Titusville's Code of Ordinances bars property owners from building or authorizing construction of any structure, including fences, swimming pools, parking lots, basketball goals or skateboard ramps, that encroaches into a public street, public alley, right-of-way or drainage right-of-way the city owns or has dedicated to public use. The prohibition does not excuse an owner or tenant from negligence liability for an encroaching structure, even where a permit was granted. The only carve-out is for portable, non-permanent basketball goals on local residential streets, and only if the goal sits outside the vehicle travel lane and is removed from the right-of-way when not in use; the owner assumes all liability for injuries connected with a portable goal left in the right-of-way.
Beyond that outright ban on permanent encroachments, Sec. 17-1(b) requires a special permit from the city engineer, priced under the land development fee schedule at Chapter 34, Article IX, Division 1, Sec. 34-411, before anyone may: excavate, cut or fill earth or debris on public land; cut a curb or open a driveway from private property onto a public street; obstruct a street or sidewalk; or lay out and establish a new street. The city engineer administers and enforces the section under subsection (c). The current text reflects amendments through Ord.
No. 19-2020, § 3, adopted November 10, 2020, on top of the original 1992 ordinance (Ord. No. 22-1992, § 1) and a 2000 revision (Ord. No. 3-2000, § 1).
Violations & Fines
Encroaching a permanent structure into a public right-of-way without authorization, or undertaking excavation, a curb cut, a street obstruction or new-street layout without the Sec. 17-1(b) special permit, is a violation the city engineer enforces directly. Where no specific fine is set, Titusville's general penalty at Sec. 1-15 applies: up to a $500 fine, up to 60 days imprisonment, or both, with each day the encroachment continues counted as a separate offense.
Frequently Asked Questions
Can I put a fence or pool in Titusville's right-of-way?
Is a portable basketball goal allowed in a Titusville street right-of-way?
Do I need a permit to cut a new driveway onto a Titusville street?
What happens if I encroach on the right-of-way without a permit?
Sources & Official References
Other rules in Titusville
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Encroachment Permits in Nearby Cities
How other cities in Brevard County handle encroachment permits.