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File #: 25-3302    Name: Physical Occupancy Ordinance (Part II)
Type: Ordinance Status: Regular Agenda Item
In control: City Council Regular Meeting
On agenda: 10/21/2025 Final action:
Title: Consider/Discuss/Act on an Ordinance Amending Chapter 70 (Offenses and Miscellaneous Provisions) of the McKinney Code of Ordinances to Incorporate a New Article, Entitled "Article XII (Physical Occupancy within Downtown Public Spaces)"
Attachments: 1. Proposed Ordinance, 2. Presentation (Physical Occupancy)
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Title

Consider/Discuss/Act on an Ordinance Amending Chapter 70 (Offenses and Miscellaneous Provisions) of the McKinney Code of Ordinances to Incorporate a New Article, Entitled “Article XII (Physical Occupancy within Downtown Public Spaces)”

 

Summary

 

COUNCIL GOAL:                     Safe and Secure Community

 

MEETING DATE:                     October 21, 2025

 

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 amends Chapter 70 (Offenses and Miscellaneous Provisions) of the McKinney Code of Ordinances to incorporate a new article, Article XII, pertaining to the physical occupancy of certain public rights-of-way and spaces.

 

                     The ordinance 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.

 

                     As proposed, the following would be 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

 

                     The proposed ordinance also includes the following exceptions:

o                     Medical emergencies

o                     Activities within a sidewalk lease area or parklet

o                     Special events

o                     Sitting on a chair, bench or other feature between one to three feet in height provided by the city or abutting private property owner

o                     Waiting in line for goods or services offered by a business or entity within the designated downtown area

 

                     The ordinance also includes a provision for reconsideration by the City Council on or before October 21, 2026, and will expire if not extended.

 

BACKGROUND INFORMATION: 

                     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.

 

                     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.

 

                     At the August 19, 2025 City Council Work Session, Council Staff presented an overview of possible ordinance amendments, including the proposed ordinance, for discussion.

 

                     This item was tabled at the September 16, 2025 meeting to allow more time for Council and Staff to launch a broader initiative aimed at tackling homelessness in McKinney. Information about this initiative, including a resolution of support and establishing of guiding principles is on tonight’s agenda as well.