Title
Consider/Discuss/Act on an Ordinance Approving and Extending Ordinance No. 2025-10-097 for an Additional One-Year Term, Regarding the Physical Occupancy of Certain Public Rights-of-Way and Spaces in Downtown Found in Chapter 70, Article XII (Physical Occupancy within Downtown Public Spaces) of the McKinney Code of Ordinances
Summary
COUNCIL GOAL: Safe and Secure Community
MEETING DATE: October 5, 2026
DEPARTMENT: Police Department
Code Services Department
City Attorney’s Office
CONTACT: Jennifer Arnold, AICP, Assistant City Manager
Phillip Hubbard, Director of Code Services
Joe Ellenburg, Chief of Police
Jeremy Page, Assistant City Attorney
RECOMMENDED CITY COUNCIL ACTION:
• Adoption of the proposed Ordinance.
ITEM SUMMARY:
• The proposed ordinance approves and extends Ordinance No. 2025-10-097 for an additional one-year term.
• Ordinance No. 2025-10-097 was originally adopted in October 2025 to incorporate a new section, “Chapter 70, Article XII”, pertaining to the physical occupancy of certain public rights-of-way and spaces into the McKinney Code of Ordinances. As part of its adoption, Ordinance No. 2025-10-097 included a one-year expiration if not reconsidered and extended by the Council.
• The one-year expiration was to ensure city staff and leaders established a dedicated period of time to monitor implementation of the new regulations and make progress on the broader community conversation regarding homelessness in McKinney (now known as the Better Together Initiative).
• Staff continues to make progress on the Better Together Initiative and anticipates having a final document and discussion with Council in late 2026/early 2027 for possible strategies and opportunities to improve the state of homelessness in McKinney. We also continue to monitor implementation of the new regulations.
• To allow for completion of the Better Together Initiative and continued monitoring of the new provisions, Staff recommends re-approving and extending Ordinance No. 2025-10-097 for an additional year. If City Council does not reconsider and extend the ordinance by October 5, 2027, it will expire.
BACKGROUND INFORMATION:
• Chapter 70, Article XII (Physical Occupancy within Downtown Public Spaces) of the McKinney Code of Ordinances aims to provide clear regulations that support a vibrant, accessible, and pedestrian-friendly urban core and includes specific exceptions to accommodate things like common public activities.
• Specifically, Chapter 70, Article XII states that the following are considered violations in the downtown area of McKinney:
o Sleeping outdoors
o Lying down on a street, sidewalk, median, parkway or pedestrian right-of-way, or any object therein
o Sitting on a street, median, or any object therein
• Chapter 70, Article XII also provides for the following exceptions:
o Medical emergencies
o Activities within a sidewalk lease area or parklet
o Special events
• Adoption of the provisions found in Chapter 70, Article XII came after a series of community discussions and meetings, as follows:
o On July 17, 2025, the city conducted a targeted stakeholder meeting to hear input on challenges and opportunities currently occurring in the downtown area. During that meeting, Staff shared possible ordinance amendments, which were generally received favorably.
o On August 13, 2025, the city hosted a second stakeholder meeting to share information about homelessness in McKinney and obtain feedback on possible ordinance amendments.
o At the August 19, 2025 City Council Work Session, Council Staff presented an overview of possible ordinance amendments, including the proposed ordinance, for discussion.
FINANCIAL SUMMARY:
• n/a
BOARD OR COMMISSION RECOMMENDATION:
• n/a