Ordinance 2025-13 ORDINANCE NO. 2025-13
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S
CODE OF ORDINANCES,ORDINANCE NO.2021-17,AS AMENDED,CHAPTER
74 (OFFENSES AND MISCELLANEOUS PROVISIONS) BY ADDING ARTICLE
III (CAMPING IN PUBLIC PLACES NOT DESIGNATED AS CAMPSITES);
AMENDING CHAPTER 110(TRAFFIC AND VEHICLES)BY ADDING SECTION
110-208 (PEDESTRIANS ON MEDIANS); PROVIDING A PENALTY CLAUSE
WITH A MAXIMUM FINE OF $500, PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that
the act of camping in public places is a public nuisance and pedestrian safety must be protected; and
WHEREAS, the City Council has determined that it is necessary to enact and enforce the
provisions set out in this Ordinance to promote the public health, safety and welfare of citizens of the City
of Wylie,Texas ("Wylie" or"City"); and
WHEREAS, the City Council therefore finds that it is in the best interest of the citizens of Wylie
to amend the Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"), to adopt
the regulations set forth below; and
WHEREAS, this Ordinance is not intended to deny or to unduly restrict any person's temporary
use of a public sidewalk or other traditional public forum for demonstrations, pickets, marches and other
lawful expressive activity, provided that such person does not camp in violation of the Ordinance, obstruct
passage to other persons or vehicles or otherwise violate applicable state law or City ordinance; and
WHEREAS, this Ordinance is not intended to deem the status of involuntary homelessness
(whether temporary or permanent) as a violation of this or any other City ordinance, but to make the
prohibited acts defined in this Ordinance subject to reasonable and prudent enforcement to protect the
public, health, safety and welfare; and
WHEREAS, nothing in this Ordinance shall be deemed to authorize or allow a person or persons
to camp, stand, sit or lie in or on a public place in such a way as to interfere with the use or operation of
such public place for the intended purposes and to carry on public business,and for the benefit of the public
desiring to peaceably use the public place for its intended purposes.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2.Amendment to Article III of Chapter 74 Offenses and Miscellaneous Provisions of
the Wylie Cade of Ordinances. Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of
Ordinance No. 2025-13 Camping in Public Places Page 1 of 5
Ordinances is hereby amended to add Section 74-41 (Definitions) and Section 74-42 (Camping in Public
Places Not Designated as Campsites), as follows:
"Chapter 74-Offenses and Miscellaneous Provisions
Article III- Camping in Public Places Not Designated as Campsites
Section 74-41.—Definitions
The following terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates different
meaning:
Camp means the use of a public place for living accommodation purposes including:
(1) Storing of personal belongings;
(2) Making a camp fire;
(3) Using a tent, shelter, other structure or vehicle for a living accommodation;
(4) Carrying on cooking activities; or
(5) Digging or earth-breaking activities.
Public place means any of the following:
(1) The property on which a City-owned, -leased or -controlled facility is located,
including every structure, building or land owned by the City of Wylie for the
purposes of conducting any business or operation of municipal government, and
including all accessory areas such as but not limited to porches, steps, ramps,
grounds, walks, trails, lawns, yards, plazas and parking lots. City Hall, libraries,
police and fire stations, the fleet service center, water towers and parks are public
places.
(2) Parks, grounds, buildings, facilities or rights-of-way under the jurisdiction,
management or control of the City, including flood and drainage easements;
(3) Properties, grounds, buildings, facilities and/or rights-of-way owned, leased or
controlled by the City, including:
a. The Municipal Complex and adjacent City facilities;
b. The Community Park Center;
c. City of Wylie Public Safety Building; and
Ordinance No.2025-13 Camping in Public Places Page 2 of 5
d. City of Wylie Public Services Complex and adjacent City facilities.
(4) Vacant and unimproved lots or parcels owned, leased or controlled by the City; or
(5) Outdoor areas accessible to the public, including a street, highway, parking lot,
parking garage, alleyway, pedestrian way and cycling way.
Shelter means a"shelter"as defined by Section 48.05 of the Texas Penal Code.
Street means the portion of the street that is paved, designated or used for vehicular traffic,
and all areas dedicated to public use for public street purposes, including parkways, alleys
and sidewalks.
Section 74-42—Camping in public places not designated as campsites
(a) A person commits an offense if the person camps in a public place that is not designated
as a camping area by the City.
(b) Among the circumstances that may be considered in determining whether a person is
camping are if it reasonably appears, based on the totality of the circumstances, that
the person conducting the activity is using a public place other than a designated camp
site for living accommodation purposes, regardless of the person's intent or
engagement in other activities.
ti (c) This section does not apply to permitted camping or cooking in a designated camp site
jin compliance with applicable City regulations.
(d) It is an affirmative defense to prosecution for a violation of this section that a person
owns the property or has secured the permission of the property owner to camp in an
otherwise public place.
(e) Camping in, on or at a public place in violation of this section may be abated by
summary removal of tents,bedding and other personal belongings and equipment.
(f) A violation of this section is declared a public nuisance. This section may be enforced
5,000 feet outside the City limits."
SECTION 3.Amendment to Chapter 1 10{Traffic and Vehicles_of the Wylie Code of Ordinances.
Chapter 110 (Traffic and Vehicles) of the Code of Ordinances is hereby amended to add Section 110-208
(Pedestrians on Medians) as follows:
"Chapter 110—Traffic and Vehicles
Article VII-Pedestrians
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Section 110-208—Pedestrians on Medians
(a) Offenses. It shall be an offense for a person to:
(1) Stand, sit, run or loiter on a roadway median that measures less than eight (8) feet
wide; or
(2) Approach a motor vehicle being operated on a major thoroughfare, freeway or
access road.
(b) Defenses. It is an affirmative defense to prosecution for a violation of this section if
the conduct prohibited by this section was by a person:
(1) Lawfully and actively crossing a divided roadway in the most direct route possible;
(2) Receiving and/or rendering aid in an emergency situation;
(3) Immediately and reasonably necessary to prevent bodily injury or death of any
person;
(4) Performing work in the right-of-way in accordance with a permit issued under
Chapter 102 Street, Sidewalks and Other Public Places of this Code; or
(5) Performing work under City, state or federal authority to protect the health, safety
or welfare of the community, including but not limited to activities by police and
fire departments; maintenance of roadways, utilities and other public areas; and
activities by City employees or City contractors performing work in the course and
scope of their employment and pursuant to authorization from the City Manager
or designee."
SECTION 4. Penalty.
(a) Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding Two
Hundred Dollars ($200.00). A violation of any provision of this Ordinance shall constitute a
separate violation for each calendar day in which it occurs. A culpable mental state is not
required, and need not be proved, for an offense under this Ordinance. The penal provisions
imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation.
Wylie retains all legal rights and remedies available to it pursuant to local, state and federal
law.
(b) Repeat offenders. If it is shown that an offense under this Ordinance has been repeatedly
committed by the same person,the person shall be fined in an amount not exceeding: (A)Three
Hundred Dollars($300.00)upon a second conviction for the offense;(B)Four Hundred Dollars
($400.00) upon a third conviction for the offense; and (C) Five Hundred Dollars ($500.00)
upon a fourth conviction for the offense and each subsequent conviction for the offense.
Ordinance No.2025-13 Camping in Public Places Page 4 of 5
SECTION 5. Savings/Repealing. Wylie's City Ordinance, as amended, shall remain in full force
and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance
shall remain in full force and effect.
SECTION 6. Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie
hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional or invalid.
SECTION 7. Effective Date. This Ordinance shall become effective from and after its adoption
and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,on this 25th
day of March, 2025.
c; r Matthew Porter,Mayor
Attest:
Stephanie Storm, City Secretary 1 III
GV
Date of Public'ti'on: April 3�,2025,+in he Wylie News
Ordinance No. 2025-13 Camping in Public Places Page 5 of 5
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STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinances Nos. 2025-12 and 2025-13
was published in said newspaper on the following date(s), to-wit:
April 3, 2025
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 3rd day of April, 2025, to certify which
witness my hand and seal of office.
4pfY p4� SOMA A DUGGAN
Notary ID#126646343
My Commission Expires /1
Notary Publi d or
August tz,zoze 1
The State of Texas
My commission expires 08/12/2028.
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Thursday,April 3,2025
CITY Old'WYLIE
Ordinance Ordinance
No.2025-12 No,202541,
An Ordinance of An Ordinance of
the City of Wylie; the City of Wylie,
Texas, amending Texas, amending
the Comprehensive Wylie's I Code of
Zoning Ordinance Ordinances, Ordi-
of the City of Wy- nance No. 2021-17,
lie, as heretofore as amended; Chap-
amended, so as to ter,74(offenses and
change the zoning miscellaneous pro-
on the hereinafter visions) by adding
described property, Article III(camping
zoning case num- in public places Writ.
ber 2025-02, from
downtown historic sites) wing
district (DTH) to Chapter 110 (tmf-
downtown historic fic and vehilcles)
district-special use by adding Section
permit (DTH-SUP) 11,0-208 (pedestri-
on"0.23 acres to al- ans on imedians);
low for a smoking providing a penalty
establishment (ZC clause with a maxi-
2025-02); provid- mum fine of $500,;
ing for a penalty for providing . for the
the violation of this repeal of conflicting
ordinance;, ptoovid'. ordinances; provid-
ing for the "peal ing for severability;
of all ordinances in providing for the
conflict;providing a publication of the
severability clause;_ caption hereof; and
and providing for#A providing an effec-
effective date. tive date.
44-1040