[HISTORY: Adopted by the Town of Palmer 12-6-2006 (Ch. 179 of the 2007 Code). Amendments noted where applicable.]
It is the intent of this chapter to provide a mechanism for regulating, subject to reasonable and appropriate controls, certain types of activities having to do with the sale of secondhand and other articles within the Town of Palmer while at the same time protecting and preserving the residential atmosphere of the various neighborhoods of the Town.
The term "garage/tag sale" includes, without limitation, the terms "porch sale," "yard sale," "estate sale," "tag sale," "garage sale," and is any kind of outdoor sale offering old, new, used, secondhand or antique articles for sale regardless of price.
A garage/tag sale shall be permitted on any one parcel or lot of property only six times during any one-calendar-year period of time, and at no time shall such sale have a duration of more than three consecutive days. Garage/Tag sales which occur on other than consecutive days shall be deemed separate garage/tag sales.
Immediately following the end of the garage/tag sale, items may be offered for free for two days.
The Town Council may approve, at its discretion, Town-wide garage/tag sale days to encourage residents interested in holding garage/tag sales to hold the garage/tag sales on the same days. Anyone who participates in such garage/tag sale days shall not be required to obtain a permit, as otherwise required by this chapter, and participation in these events shall not be counted toward the limit of garage/tag sales authorized by this chapter. Restrictions with regard to dangerous conditions and signs shall be applicable and enforceable.
No item will be placed on public property, including tree belts and sidewalks.
The property owner must assume responsibility for parking. Automobiles or pedestrians may not be allowed to impede traffic. If traffic on any road is impeded or a dangerous condition develops on any road in the opinion of the Palmer Police Department, the Police Department may revoke the permit forthwith and close the sale for the balance of that day. Refusal to close the sale shall be a violation of this chapter.
Any person, entity, organization or corporation intending to conduct a garage/tag sale shall make application for a permit number to conduct such activity at the office of the Town Manager not less than one business day prior to the date of the proposed garage/tag sale. If such an application is granted by the Town Manager or his/her designee, a permit number shall be issued. Permit numbers must be posted on the premises of the garage/tag sale in a conspicuous place, visible from the road.
A. 
Signs can be placed on private property as long as the property owner consents, but must be placed in locations where they will not create a safety hazard. Signs can be placed on public property, as permitted by the Town Manager under Chapter 171, Zoning, § 171-80, but excluding, without limitations, curbside trees, streetlights, telephone poles, public signage, public mail boxes, and intersections.
B. 
A sign may be displayed for two days before the sale and during the sale on the property of the residence where the garage/tag sale is being conducted.
C. 
No more than four signs may be placed off site of the location of the garage/tag sale.
D. 
No sign may be larger than 24 inches by 24 inches or four square feet, and signs shall be no higher than three feet to the top of the sign.
E. 
Each sign must contain the permit number issued to the applicant.
F. 
All signs must be removed immediately at the close of the sale. If signs are left after the sale, a violation occurs.
There shall be no fee assessed for the permit pursuant to this chapter.
The responsibility for enforcement of this chapter falls under the jurisdiction of the Police Department, Building Inspector, Town Manager or any designee of the Town Manager, any of whom shall have the following options:
A. 
Criminal complaint. Whoever violates any provision of this chapter may be penalized by a complaint brought in the District Court. Except as otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation, or offense, brought in this manner shall be $300. Each day a violation continues shall constitute a separate offense; or
B. 
Noncriminal disposition. Whoever violates any provision of this chapter may be penalized by noncriminal disposition as provided in MGL c. 40, § 21D and may be punished by a noncriminal fine of $50 for the first offense, $75 for the second offense, and $100 for the third offense. Each day a violation continues shall constitute a separate offense.
In the event any section or provision of this chapter is declared invalid or unconstitutional, the remaining sections and provisions shall remain in full force and effect.