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.