[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:
- DAYLIGHT HOURS
- From 1/2 hour before sunrise to 1/2 hour after sunset.
- PERSONAL PROPERTY
- 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.
- TAG SALES
- 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.