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File #: 25-3177    Name: Physical Occupancy in Downtown Spaces
Type: Ordinance Status: Regular Agenda Item
In control: City Council Regular Meeting
On agenda: 9/16/2025 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
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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: September 16, 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 September 16, 2026, and will expire if not extended.

BACKGROUND INFORMATION:
* On July 17, 2025, the...

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