An Orient bay restaurant has been fined for placing its beach chairs too close to the water
On February 1, 2024, two criminal investigation officers observed that a restaurant owner in Orient bay (Carbet area) was setting up beach chairs on the beach in violation of one of the conditions of the temporary public domain occupancy permit (AOT) that had been granted. In this case, the beach chairs were too close to the water and did not ensure compliance with the longitudinal pedestrian right-of-way on a 3-meter strip from the high-water mark.
The Collectivité considers this to be a violation and has decided to refer the establishment’s manager to the administrative court as the defendant in a major public road violation case. It is seeking a fixed fine and the removal of the equipment from the premises.
During the preliminary hearing, the manager did not file a defense brief and did not contest the facts. In light of the evidence, particularly the report by the judicial police officers, the court found that the installation of the umbrellas did not comply with regulations. It fined the company 500 euros.
Furthermore, the investigation did not reveal that the party concerned had rectified the situation by removing the disputed structure. Under these circumstances, he must be ordered to restore the public maritime domain within fifteen days of the notification of this decision, and this order must be accompanied by a penalty of 50 euros per day of delay beginning on the day after the expiration of this period. In the event that the offender fails to act within the allotted time, the Collectivité of Saint-Martin is authorized to intervene ex officio to carry out the restoration in the offender’s stead and at the offender’s expense.
The company must also pay the COM the sum of 2,100 euros for legal costs (attorney’s fees). However, the Collectivité’s request for the sum of 350 euros per case to be paid to it for investigation and preliminary inquiry costs was rejected by the court for lack of justification.
This is the third restaurant to be convicted of this offense. Two others had already been penalized a year ago following the same inspection conducted on the same day. They had received the same fine and the same order to vacate the public domain.
(illustrative photo)
