City of Easthampton
Ordinances Chapter 5, Article III - Garage Sales
Sec. 5-31. Purpose.
It is the intent of these rules and regulations to provide a mechanism for allowing, subject to reasonable and appropriate controls, certain types of activities having to do with the sale of second-hand articles within the community while at the same time preserving the residential atmosphere of the various neighborhoods of the city.
Sec. 5-32. Definitions.
For the purposes of these rules and regulations the following words and terms shall have and include the following respective meanings:
- Garage sale: The sale for not more than two (2) consecutive days of old, used, secondhand or antique articles upon residential property where all the material to be sold originates from the property that is the locus of the sale. (No more than 2 sales – 4 days – per year).
- Yard sale: See "garage sale."
- Porch sale: See "garage sale."
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Sec. 5-33. Procedure; application for permit.
- (a) Any person, organization or corporation intending to conduct a garage sale, yard sale, or porch sale or any similar activity by a different name shall make application for a permit to conduct such activity at the office of the city clerk not less than five (5) calendar days prior to the date of the proposed activity. Note: Applications can be accepted at any time, the 5-day period is waived unless unusual circumstances arise.
- (b) If such an application is granted by the city clerk, or his/her designated representative, a permit shall be issued to the person, organization, or corporation to conduct such activity and said permit shall be available at all times on the site during the term of the sale.
Sec. 5-34. Fees.
- (a) he fee for permit applications pursuant to these rules and regulations shall be tendered upon filing of the initial application and shall be established according to the following schedule:
- Garage sale ...............$5.00
- Yard sale....................$5.00
- Porch sale .................$5.00
- (b) The schedule above lists only the most commonly used terms in describing various temporary sales dealing with secondhand articles. If different names are used to describe the sale of secondhand articles, the city clerk in his/her sole discretion shall determine which of the above terms most clearly describes the proposed activity and shall set the fee accordingly.
- (c) Societies, associations, or corporations organized solely for religious or charitable purposes shall not be required to pay a fee for any such permit.
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Sec. 5-35. Enforcement.
- (a) The assistant building inspector shall have primary responsibility for enforcement of these rules and regulations.
- (b) Whoever violates any provisions of these rules and regulations may be punished by a fine not exceeding twenty-five dollars ($25.00) for each offense.
Sec. 5-36. Decisions of licensing authority re: permit and waiver.
- (a) Nothing contained in these rules and regulations shall require the licensing authority to issue a permit if, in his/her opinion, the public interest would be adversely affected by so doing.
- (b) The licensing authority, upon motion and vote, may waive strict compliance with any of the above rules and regulations after examination of the facts in a particular case and waiver can be warranted without derogation from the intent and purpose of these rules and regulations.
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