[HISTORY: Adopted 8-26-1974 Special Town Meeting, Art. 15 (Ch. XI, Sec. 10 of the Revised Bylaws); amended 9-19-1988; 5-6-1991; 5-6-2024 ATM by Art. 26. Subsequent amendments noted where applicable.]
It shall be unlawful for any person, group, unincorporated association, firm or corporation to conduct a tag sale, garage sale, rummage sale or its equivalent without a permit issued by the Town Clerk.
No person shall sell or offer for sale, at any tag sale, any property other than personal property. The sale of animals, firearms or ammunition, hazardous materials, or any other goods the sale of which is restricted by the Massachusetts General Laws is prohibited.
Application for a permit to conduct a tag sale, garage sale, rummage sale or its equivalent shall be made to the Town Clerk on forms furnished by the Town Clerk and shall set forth, under oath, such information as the Town Clerk may require.
Permits required by this chapter shall be signed by the Town Clerk and be affixed with the Seal of the Town, shall be numbered in order as granted, and shall state the date and time of expiration.
The fee required by this chapter for the first and second permit shall be $10. The fees for additional permits will be set by the Selectboard. Any fee change will be by vote at a public hearing of the Selectboard.
The person, group, unincorporated association, firm or corporation conducting a sale which requires a permit under this chapter shall at all times during said sale cause the permit to be visibly displayed upon the premises.
A. 
It shall be unlawful for a person, group, unincorporated association, firm or corporation to conduct a tag sale, garage sale, rummage sale or its equivalent at any one residence more than on four separate occasions in any calendar year, or for a duration of more than three consecutive days for each sale.
B. 
In a multi-dwelling unit, each household may conduct a tag sale on no more than three separate occasions in any calendar year, for a duration of not more than three consecutive days for each sale.
C. 
Any person that is not the owner of record of the property must obtain written permission of the owner. The written permission must be submitted at the time of the application to the Town Clerk.
Temporary signs advertising the tag sale may be erected up to five days before the sale and must be in accordance with Zoning Bylaw requirements, and shall be removed not more than 24 hours after the close of any tag sale. Signs that create a nuisance or threat to public safety are prohibited and shall be removed at the request of the zoning enforcement official or any Great Barrington police officer.
The person, group, unincorporated association, firm or corporation conducting a sale shall be responsible for orderly parking and traffic flow. The Great Barrington Chief of Police or any Great Barrington police officer authorized by him/her may establish and enforce temporary parking restrictions necessary to the safe and orderly flow of traffic and the passage of emergency vehicles. If parking or traffic flow conditions create a threat to the safety of the public, the tag sale event may be terminated at the request of a Great Barrington police officer.
The Great Barrington Chief of Police and Great Barrington police officers authorized by him/her as a designee have the authority to take down signs or close an event for public safety problems and may issue a ticket (noncriminal) for any violation of this bylaw. Violations include selling items which are not personal property, holding sales more than four times per year, or holding sales on more than three consecutive days.
The Great Barrington Chief of Police and Great Barrington police officers are authorized to enforce this bylaw by issuing noncriminal citations as provided in MGL c. 40, § 21D. The penalty for any violation of this bylaw shall be as listed below.
A. 
(1) 
First offense: A written warning shall be given. The sale shall be closed upon issuance of the warning.
(2) 
Second offense: The sale shall be closed and a noncriminal citation in the penalty amount of $50 shall be issued.
(3) 
Third offense and any subsequent offense: The permit shall be revoked and the sale shall be closed, and a noncriminal citation in the penalty amount of $100 shall be issued.
B. 
Any person, group, unincorporated association, firm or corporation to whom a noncriminal citation has been issued shall not be eligible for another permit for a period of one calendar year.