[HISTORY: Adopted by the Town Council of the Town of West Springfield as Ch. 10, § 10-202, of the Codified Ordinances; amended in its entirety 9-20-2016. Subsequent amendments noted where applicable.]
For the purposes of this chapter, the following definitions shall apply:
DAYLIGHT HOURS
From one-half hour after sunrise to one-half hour before sunset.
HOUSEHOLD
All persons lawfully residing in the same dwelling unit.
PERSONAL PROPERTY
That property which is owned, utilized and maintained by members of a household where said sale is being held and which may have been acquired in the normal course of occupying or maintaining a household and shall not include items purchased for resale, obtained on consignment or owned by any person from outside the immediate area where said sale is being held; however, neighbors shall be considered as being from the immediate area.
TAG SALES
All general sales open to the public conducted on 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," "backyard," "patio," "rummage," and "estate" or its equivalent.
No person shall sell or offer for sale, at any tag sale, any property other than personal property. The sale of food, drink, animals, firearms or ammunition, hazardous materials, or any other goods the sale of which is restricted by Massachusetts General Law is prohibited.
A. 
It shall be unlawful to conduct a tag sale without first having obtained a permit from the office of the Town Clerk. This permit shall contain the dates, time, location of sale, telephone number, and the person conducting the sale. The permit may be obtained up to the day before the sale is to commence.
B. 
The applicant shall pay a fee of $10 for said permit.
C. 
A report of all issued permits shall be provided to the Police Department by the Town Clerk on a weekly basis.
D. 
The applicant must be a Town resident. Proof of residency must be established through the records of the Town Clerk or with sufficient evidence provided to their satisfaction.
E. 
The holder of the permit shall have no property right in said permit, and it may be revoked without hearing as hereinafter provided.
F. 
A permit holder may change the dates of the permit once it has been issued by contacting the Town Clerk's office prior to the beginning date of the sale. The permit holder or their designee must return the original permit to the Town Clerk and select certain dates for the reissue. The Town Clerk shall issue a new permit with the new dates to the permit holder at no additional fee. This reissued permit shall replace the original and shall not count further toward the total number of permits issued.
A. 
It shall be unlawful for a person to conduct a tag sale, at any one residence, more than on two separate occasions in any calendar year, for a duration of not more than three consecutive days for each sale. Tag sales shall be conducted during daylight hours only.
B. 
In a multi-dwelling unit, each household may conduct a tag sale on no more than two separate occasions in any calendar year, for a duration of not more than three consecutive days for each sale.
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.
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. (This section does not exclude people from violation of any other state law or Town ordinance relating to signs.) No signs shall be posted within the legal layout of a public way.
The Chief of Police, the Chief of the Fire Department, or persons authorized by either of them, shall have the right to enter onto private property for the purpose of enforcing the provisions of this chapter.
Where a tag sale is being conducted, the Chief of Police or persons authorized by him/her may enforce temporary parking restrictions necessary to the safe and orderly flow of traffic and the passage of emergency vehicles. Parking shall be allowed only on the side of the road where the sale is located, unless the Chief of Police determines, in writing, for public safety, parking be on the other side of the road. Vehicles must be parked facing the direction in which that vehicle would be normally traveling.
A. 
Failure to comply with the provisions of any section of this chapter shall result in the following:
(1) 
First offense: A written warning shall be given by the Chief of Police, the Chief of the Fire Department or their designee.
(2) 
Second offense: The Chief of Police, the Chief of the Fire Department or their designee shall, for a second violation of this chapter or a failure to correct the violation for which the warning was issued, revoke the permit and order the tag sale closed.
B. 
The permit holder may request a determination of the appropriateness of a revocation by filing a request for a review of the revocation with the Mayor or his or her designee within 72 hours of the revocation. The Mayor or his or her designee shall schedule a hearing to determine if the revocation was warranted.
C. 
The failure to comply with the provisions of this section shall be punishable by a fine of $35 and shall be payable to the Town Clerk. Said fine shall be in addition to any revocation ordered under the section.
D. 
Any person who has had a permit revoked or a fine imposed shall not be issued another permit for a period of two years, nor shall a permit be issued for the premises previously licensed for a period of two years from said revocation or fine.