Earlier editions: 2026-09
Title 12 — STREETS, SIDEWALKS AND PUBLIC PLACES
Brisbane Municipal Code Ch. 12.32 Occupancy of Airspace Above or Below Rights-of-Way
Brisbane Municipal Code · 2026-10 edition · updated 2026-10-04 · Brisbane
Cite as: Brisbane Municipal Code Chapter 12.32 · Text as of 2026-10-04
12.32.010 - Structures occupying space above rights-of-way prohibited—Exemption.¶
A. It is unlawful for any person, firm or corporation, to occupy or cause to be occupied by a structure, any portion of the open space above any city right-of-way for any purpose whatsoever.
B. The provisions of subsection A of this section shall not be applicable to duly constituted public utilities whose sole business is that of supplying electrical power or telephone service to the residents of the city.
(Ord. 135 §§ 1, 2, 1968).
12.32.020 - Structures, excavations or tunnels occupying space below rights-of-way prohibited— Exemption.¶
A. It is unlawful for any person, firm or corporation, to occupy or cause to be occupied by a structure, or to excavate or cause to be excavated, or to build or cause to be built, a tunnel in any portion of the space below any city right-of-way for any purpose whatsoever.
B. The provisions of subsection A of this section shall not be applicable to any duly constituted public utility or publicly owned facility whose sole purpose is providing any service to the residents of the city.
(Ord. 135 § 3, 4, 1968).
12.32.030 - Violation—Penalties.¶
The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.
(Ord. 135 § 6, 1968).
(Ord. No. 554, § 42, 1-18-11)
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