The details
The proposed ordinances, if passed by council, would amend chapters 70 and 78 in the city’s code of ordinances, according to a presentation from Assistant City Manager Jennifer Arnold.
One ordinance would outlaw the ability to sit or lie down on a public sidewalk, street or alleyway within the downtown area. A person would only be allowed to sit on a chair or bench supplied by a public agency. The ordinance would include limited exceptions for medical emergencies and ADA compliance.
The ordinance would apply within downtown McKinney but would not apply to any public parks in the area.
“It seems like a pretty big thing when the majority of people who are using our public right of way this way are sitting on a wall that you could argue is designed to sit on,” Beller said.
Arnold said the way the ordinance is written now is ambiguous but can be clarified. The drafts presented to council for discussion were not foolproof drafts and were intended to generate discussion, she said.
“I hear you loud and clear that if those walls were intended to be used for sitting then we need to make sure that it’s explicitly permitted here and clarified,” Arnold said.
Another ordinance would clarify that camping is prohibited in any publicly accessible outdoor area unless designated otherwise. Erwin Park, located in North McKinney, is currently the only city park that has designated camping areas, according to the city’s website.
The ordinance would apply citywide and also expands the definition of camping to include staying or sleeping in a vehicle overnight.
Jeremy Page, a partner with Brown & Hofmeister, LLP who works with the city’s attorney, clarified that the ordinance would only apply to sleeping in cars on public streets or public parking lots. It would not apply to private property if the owner allowed it.
The ordinance also includes an exception that a property owner can camp on his or her own property. A property owner cannot knowingly allow another to camp within a public area on their property, according to the staff presentation.
A third ordinance would outlaw “aggressive panhandling” across the city. If approved, the ordinance would prohibit panhandling or soliciting in an aggressive manner such as using violent or threatening gestures, or intentionally blocking the path of pedestrians or vehicles.
The background
The ordinances were proposed during two stakeholder meetings held in July and August that were meant to share information about homelessness in McKinney and gather feedback. The stakeholder meeting in August featured a presentation with comments from officials from multiple city departments including code compliance, housing and community development and police.
Code Services Director Phillip Hubbard presented some data on the number of homeless encampments code cases reported since April. Only 24 cases had been identified and the majority were located within council district 1 but there are cases reported throughout the city, he said.
What they’re saying
Beller said the city keeps honing in on enforcement but he feels they’re “missing the mark” on what needs to be enforced in ways that are “subjective and very vague.”
“We don't really know if they will change any of the outcomes or not,” he said. “It just depends on what the result of that enforcement is when it begins.”
Cloutier said he wants to be able to allow private property owners to allow people to park and sleep in their own cars. He said he did not want to restrict private property owners from having the ability to do that. Cloutier also recommended adding more clarity on where people would still be allowed to sit in downtown, based on Beller's comments.
Quote of note
Paul Ballesteros, founder of Emmanuel Labor, which offers services for the homeless community, said he thinks it's important to address the impacts of homelessness in the community. Ballesteros said he doesn’t think the proposed ordinances are going to move the needle in either direction.
“That's not a bad thing, but I don't know that this is going to make a radical difference one way or the other,” he said.
Ballesteros said it has the potential to make people feel heard and could open up opportunities for officers and local outreach officials to connect people experiencing homelessness with local resources.
“People just need people,” he said. “That’s really it in the long run.”
