Chapter 9.40


9.40.010    Adoption of rules and regulations by the city council.

9.40.020    Hours of operation.

9.40.030    Rules for swim area and boat launch area.

9.40.040    Damage to park property unlawful.

9.40.050    Animals at large prohibited.

9.40.060    Firearms and explosives.

9.40.070    Certain vocations prohibited.

9.40.080    Assemblies and scheduled events—Conditions.

9.40.090    Building fires.

9.40.100    Intoxicating liquors and drugs prohibited.

9.40.110    Selling refreshments, merchandise or distributing literature—Permit conditions.

9.40.120    Driving areas—Speed limits.

9.40.130    Parking.

9.40.140    Camping areas.

9.40.150    Practicing and playing certain games.

9.40.155    Upper Little League Field age restriction.

9.40.160    Depositing refuse and litter.

9.40.170    Amplified music and public address systems.

9.40.180    Aiding and abetting violations.

9.40.190    Violations—Penalty.

9.40.010 Adoption of rules and regulations by the city council.

The city council shall have the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the park and shall post the same in conspicuous places in the park. Such rules and regulations shall include a procedure for granting blanket permits encompassing any particulars of this chapter to locally and nationally recognized organizations or associations. Such rules and regulations may include the establishment of hours during which any park or portion thereof as designated by signs located within the designated portion, shall be closed to the general public; such closures may be for reasons of public safety, welfare and convenience, or for reasons of park maintenance. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the department. (Ord. 526 § 2, 1991)

9.40.020 Hours of operation.

A. The hours of operation for the city park shall be as follows: one-half hour before sunrise until one-half hour after sunset.

B. The foregoing park hours shall not apply to individuals:

1. That are participating in activities established or sponsored by authorized groups and/or the city of Brewster;

2. That are registered for overnight accommodations at the RV park;

3. That are engaged in seasonal boating activities, including but not limited to fishing, hunting, angling, and nature observation, pursuant to a valid license or permit during the months of April through September; or

4. That are engaged in any activity for which written permission has been granted by the city council or the public works director. (Ord. 847 § 1, 2013: Ord. 526 § 3, 1991)

9.40.030 Rules for swim area and boat launch area.

A. The city will not have a lifeguard on duty at the designated swim area at any time, and people will swim at their own risk.

B. There will be no swimming allowed in boat launch area.

C. There will be no diving from docks allowed. (Ord. 526 § 4, 1991)

9.40.040 Damage to park property unlawful.

It is unlawful for any person to remove, destroy, mutilate or deface any structure, or any part of any structure, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or any other property lawfully located within the city of Brewster park area. (Ord. 526 § 5, 1991)

9.40.050 Animals at large prohibited.

It is unlawful for any person to allow or permit any dog or other pet to run at large in the park, or to permit any dog or pet with or without a leash, except seeing eye dogs or dogs used by public law enforcement agencies and under control of a law enforcement officer, to enter any public beach, swimming or wading area, or organized athletic areas thereon. (Ord. 526 § 6, 1991)

9.40.060 Firearms and explosives.

It is unlawful to shoot, fire or explode any firearms, rockets, fireworks, firecrackers, torpedoes or explosives of any kind, or to carry any firearm, or to shoot or fire any air gun, bows and arrows, BB gun, or use any slingshot or other propelling device wherein the applied human energy or force is artificially aided, directed or added to in any city park. Notwithstanding the foregoing, the discharge of safe and sane fireworks as then permitted to be discharged in the state of Washington pursuant to state law shall be permitted to occur on July 4th of each year between the hours of eight p.m. and ten-thirty p.m. in the City Soccer Field Park located on the corner of 7th and Cliff in the city. (Ord. 875 § 2, 2016: Ord. 526 § 7, 1991)

9.40.070 Certain vocations prohibited.

A. It is unlawful to take up collections, or to act as or play the vocation of solicitor, agent, peddler, fakir, merchant, beggar, strolling musician, organ grinder, exhorter, barker, showman or bootblack.

B. No person shall hold, operate or conduct a circus, carnival or traveling exhibition on any park property except such activities as may be a regular part of the parks and recreation program without first obtaining a written permit from the city council.

C. It is unlawful for persons to conduct activities in the city park for private monetary gain (profit). Such activities must be granted permission by the city council. (Ord. 526 § 8, 1991)

9.40.080 Assemblies and scheduled events—Conditions.

Any group may be permitted in Brewster City Park where facilities are adequate, and where such activities will not conflict in any way with normal park usage. It is recommended that the group contact Brewster City Hall in advance to reserve a space in order to avoid conflict in usage. Preference will be given to groups with reservations. (Ord. 526 § 9, 1991)

9.40.090 Building fires.

It is unlawful for any person to build any fire in the park except in such areas as may be designated by the city superintendent and where such designation is clearly defined by signs posted in such park areas. (Ord. 526 § 10, 1991)

9.40.100 Intoxicating liquors and drugs prohibited.

It is unlawful for any person to bring into any park or consume by mouth, inhalation or injection, while in any park, any intoxicating liquor, narcotic or dangerous drugs or to consume by any such method any material or substance (such as glue, for example) capable of producing a state of intoxication or euphoria; provided, however, that this section shall not be applied to any person consuming a drug obtained by such person by lawful prescription and taken pursuant to the medical direction of a licensed physician. (Ord. 526 § 11, 1991)

9.40.110 Selling refreshments, merchandise or distributing literature—Permit conditions.

It is unlawful to sell refreshments or merchandise in any park except as part of a city permitted event. It is further unlawful for any person to distribute literature of any kind in any park without first obtaining a written permit to do so from the city council.

The city council shall establish rules and regulations relating to the issuance of such permit which may prohibit the distribution of literature of purely “commercial advertising nature” and shall require the deposit with the city of a “litter” cleanup deposit in an amount to be determined by the city council prior to the issuance of any such written permit. (Ord. 963 § 1, 2024; Ord. 526 § 12, 1991)

9.40.120 Driving areas—Speed limits.

It is unlawful for any person to ride or drive any vehicle or animal over or through any park except along and upon the park drive, parkways, trail and bicycle paths, or at a speed in excess of the posted speed limit or in excess of fifteen miles per hour where no speed limit is posted. (Ord. 526 § 13, 1991)

9.40.130 Parking.

No operator of any animal, automobile, trailer, camper, boat trailer or other vehicle, shall park or put such vehicle or animal in any Brewster park area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area, or in another area with the permission of the city superintendent. No person shall park, leave standing or abandon an animal or vehicle in any Brewster park area after closing time. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense. (Ord. 526 § 14, 1991)

9.40.140 Camping areas.

It is unlawful for any person to camp in any park except at places set aside for such purposes by the city council and so posted, except with written permission from the city council. (Ord. 526 § 15, 1991)

9.40.150 Practicing and playing certain games.

It is unlawful for any person to practice or play golf, cricket, polo, lacrosse, archery, hockey, soccer or any other games of like character, or to hurl or propel any missile, except at park areas set apart and/or designated for such purposes by the city superintendent which will not conflict in any way with normal park usage. (Ord. 526 § 16, 1991)

9.40.155 Upper Little League Field age restriction.

It is unlawful for any person over twelve years old to practice or play baseball or softball at the Upper West Cliff Avenue baseball diamond and field, commonly known as the Upper Little League Field. Individuals over twelve years of age may be present and may assist those ages twelve and under, but may not swing a bat at a pitched ball as part of this permitted assistance. (Ord. 914 § 1, 2019)

9.40.160 Depositing refuse and litter.

It is unlawful for any person to throw any refuse, litter; broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park area or trail, or to deposit any waste or abandoned material therein except in designated receptacles. No person shall deposit any refuse, not generated in parks, in any receptacle within any park or upon any park properties. (Ord. 526 § 17, 1991)

9.40.170 Amplified music and public address systems.

It is unlawful to operate a powered public address system or amplified music speaker system or other means of amplifying sound in any park areas without council approval. Battery-operated portable radios and tape players are permitted, provided they shall not be operated at a volume or in any manner which unreasonably disturbs the peace of others. (Ord. 526 § 18, 1991)

9.40.180 Aiding and abetting violations.

Any person participating in a violation of any provision of this chapter, whether directly committing the act or omitting to do the thing constituting the offense or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such offense, shall be guilty of the violation or offense. (Ord. 526 § 20, 1991)

9.40.190 Violations—Penalty.

The violation of any rules and regulations set forth herein shall be classed as a civil infraction subject to monetary penalties of up to five hundred dollars for each such violation. (Ord. 847 § 2, 2013: Ord. 526 § 19, 1991)