[HISTORY: Adopted by the Town Council of the Town of Agawam 6-1-1992
as TOR-92-7. Amendments noted where applicable.]
For the purposes of this chapter, the following words and their derivations
shall have the following meanings:
From 1/2 hour before sunrise to 1/2 hour after sunset.
That property which is owned, utilized and maintained by members
of a household and acquired in the normal course of occupying or maintaining
a household and shall not include items purchased for resale or obtained on
consignment.
All general sales open to the public conducted on a residential premises
for the purposes of disposing of personal property and shall include but not
be limited to all sales known as "tag," "garage," "lawn," "yard," "attic,"
"porch," "room," "back yard," "patio," "flea market" or "rummage." This definition
shall not apply when five items or fewer are held out for sale and all advertisements
specifically name the items to be sold.
No person shall sell or offer for sale, at any tag sale, any property other than personal property as defined in § 161-1.
No person shall conduct a tag sale until a permit for the same has been
issued by the Chief of Police or persons authorized by him. The Chief of Police
shall cause a permit log to be kept listing the permit number, the address
where the tag sale is to be conducted, the dates and times of the tag sale
and the name and telephone number of the permittee. The activity conducted
in accordance with a lawfully issued permit hereunder shall not be deemed
a violation of the Town of Agawam zoning ordinances.
No person shall conduct a tag sale on more than six separate days in any calendar year and no premises shall be the site of a tag sale for more than six separate days in any calendar year. Tag sales shall be conducted during daylight hours only, as defined in § 161-1.
Personal property offered for sale at any tag sale shall be displayed
only on private property. No personal property offered for sale at any tag
sale shall be displayed in any public right-of-way.
Notwithstanding the provisions of § 180-85, signs promoting tag sales shall not be erected more than two days prior to any tag sale and shall be removed not more than 24 hours after the close of any tag sale. No sign promoting any tag sale shall exceed four square feet on each side.
The Chief of Police, the Chief of the Fire Department or the Inspector
of Buildings, or persons authorized by them, shall have the right to enter
onto private property showing evidence of a tag sale for the purpose of enforcing
this chapter and may close any tag sale for a violation of this chapter.
Where a tag sale is being conducted, the Chief of Police or persons
authorized by him may enforce temporary parking restrictions necessary to
the safe and orderly flow of traffic and the passage of emergency vehicles,
and to allow the passage of emergency vehicles, parking shall be allowed only
on one side of the road.
