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The Acton Free Press Wednesday Apr 1982 Town fails again to convict Yugoslavson noisecharges For the second time since last summer Hills has failed to convict some of the owners of the Yugoslav recreation centre south of Acton en Highway IS of municipal bylaw violations The town and police laid charges under the noise bylaw against Nick Cajic and Nedjelko Obrovic for several Sundays in July and August last summer as well as again in December Neighbors on the Third Line called police repeatedly as well as petitioned tne municipality to put a stop to continued Sundays Tilled with loud music and public address announce- menu coming from the large picnic grounds which were packed with Yugoslavians almost every week After Justice of the Peace B McDermott dis missed charges in Milton provincial Court Thursday both Cajic and pledged changes will be made for this summer at the recreation cen tre in the hopes of not disturbing neighbors In November Cajic was acquitted on two of four noise bylaw charges he was facing when the court ruled while there had definitely been a noise bylaw violation the town had failed to establish that Cajlc was in control of the centre and responsible for the problem The town lost again Thursday for the same son Following the dismissal of the charges Hal ton Hills solicitor Tom Anderson who prosecuted the case and Bylaw Enforcement Officer Jack Lusty declined to comment Lusty said a report will go to council and it will assess municipal options to halt the noise problem CJaic and Obrovic said they were pleased with the decision despite the fact the various Yugoslavian groups had been required to fund two court battles They both felt groups must solve the noise problem and finding a solution rests not Just with them but all of the groups and people who use the centre on Sundays Their lawyer Jack suggested theVioise is being carried to the Third on prevailing westerly winds so moving the stage and speakers may sol the problem Cajle added the groups arc planning action but must raise some funds which t been made any easier because the court tions have set back their financial resources for in vesting in development of the property At the outset of the trial Justice of the Peace ruled one charge against be heard because it was among the two which were withdrawn by the town in the November trial after the municipality had lost on two counts He ruled the prosecution shouldnt have withdrawn the charges at that time because they had Insufficient evidence on hand but requested a stay of pro ceedings To relay a charge which had previously been withdrawn before the court was an abuse of pro cess Justice of the Peace McDermott said Cajic and were tried for offenses on July and July respectively in which they allegedly permitted the playing of musical instruments and amplified announcements at such a volume as like ly to annoy and disturb the peace quite comfort and repose of residents living on the Third Both men pleaded not guilty The first witness to testify Lusty said he had received many complaints from residents and so had conducted a search at the registry office to determine who the owners of the property were and discovered and Obrovic are two of six people named as grantees He also stated Cajic was president of one of the groups which owns the re creation centre In answer to a question from Walinga Lusty said he t know how much of a share each of the sir trustees have or who they hold the property for Lusty said there is no policy regarding how the town handles bylaw violations and noted a warning is not a requirement He recalled discussing the noise problem with several times but re jected Wailngas suggestion that he had said he would have the July charge dropped if the pointed out he withdraw the charge be cause it was laid by the police Regional Police officer Keith testified on July he was called to the home of Gerald Brockelsby around because of the noise and then went to the Yugoslav Centre and ask who was In charge stepped forward and identified himself as the person In charge the off icer told the court and while there loud music playing then he advised the defendant of the noise complaint and asked that the amplifiers be turned down The officer also suggested the speakers be moved and said he would take care of the noise problem Woudstra testified Around 7 m he was called by the again and advised the noise was again quite loud but the officer couldn t go to the Yugoslav Centre then Seek zoning change for Main St office The town has received an application for a zoning change on Main St North The amendment has been requested by and Dana and they want a change for a of property from residential to commercial or an office ThebuildingisontheeastBldeofMaln A staff report noting the application was received by Hills council Monday No objection to application Wooden Heart licence Hills council has no objection to the Wooden Heart Restaurants application for a new li licence A date for a public hearing on the application will be announced later the centre at that tune The next day after talking to more Third Line residents be laid the charge said the volume of noise he beard when be was on the Third line would have upset him if he lived there He admitted be talked to nobody but Cajic at the centre and dldn t ask about the bend be saw either packing up after a show or upaddng to play or In- who owned the sound equipment Another policeman Alex told the court he went to a Third Line residence to investigate a noise complaint on Jury 12 and later attended at the Yugoslav Centre When he was on the Third be could bear loud and disturbing music and an coming from the southwest where the centre is located While at the centre he heard the same type of music being played as he heard on the Third Line and be was approached by who said he was one of the organizers The defendant the officer said indicated he was willing to do something about the noise and the policeman suggested the volume had been reduced although he see who turn edit down He took Obrovic to the Third in the cruiser and informed him the noise wasnt too bad now Like didnt speak to the band A Third resident Sam sold on both July and July 12 there was loud music and announcements which started after noon and fairly steadily into the evening He said his family had to stay indoors because the noise was so annoying Accident on Church A twocar collision on Eastern Ave at the intersection of Church St resulted in about SI 300 damage to both vehicles involved A car driven by David Bell 21 of Acton was on Church when It struck a second vehicle in the Eastern Ave intersection cording to Regional Police reports The second vehicle was driven by 26yearold John Gilkes of Hamilton Taxes Continued from page 1 J emergency lighting system at Acton Com Centre from the province for Lake view storm sewers work from Queens Park lor the start of storm sewer and road reconstruction in Glenlea 1 100 from the province for Fourth Une reconstruction for a new fire chiefs car for purchase of an sir com pressor and air purifier 278 200 for 14 trucks and pieces of equipment lor the works department from the town budget for pur chase of property and building a parking lot in downtown Acton Prospect Park Ions will cost from the prov construction of a new softball diamond in Acton is pegged at 10000 from the province new lights at Prospect Park ball dla mond will cost from Queens Park 8000 is for a creative playground at the new St Joseph School 2000 in subsidy will be spent for a wheel chair ramp at Acton Community Cen tre or which the town only pays new tab les and chairs for the rink hall will cost 2000 in subsidy and an arena fire alarm will cost 500 625 from the province Budget cuts included 000 for benefits part time for fire department staff and 500 for con ventions seminars and education for a footbridge and path in park for converting the Acton arena togas heat for new windows and frames at Acton arena and for the Poplar Ave park which wont Brockrisby told the court the noise was so bad he and bis family had to go inside their home and could barely bear their television He testified he bad met with Cajic and was told by the defendant be was in charge of activities at the centre and he was trying to keep the noise down reminded at the previous trial be testified that Cajic bad told him be would turn the volume down only to have someone else turn It up Brockelsby said Cajlc bad told him he was in charge and was having trouble controlling Disorganization Another Third resident William McArlbur sold he couldnt work in his garden on either date in July because of the loud noise while a neighbor Tom Court said she had to go inside her borne because of the noise asked her if she knew neighbors of the Yugoslav Centre on Highway 25 and she stated she Walinga noted the Highway residents are closer to the bandshell where the music and announcements are broadcast than those living on the Third line Melody Stewart said the noise on July 5 could even be beard inside the house and Gwen Johnson described the sounds as blaring noises With the conclusion of witnesses Walinga moved charges against be dismissed claiming there was no evidence he had caused or permitted the noise He added the bylaw says the noise must disturb people Inside their homes something none of them said about July 12 However Justice of the Peace and Anderson later corrected him that Brockelsby had trouble hearing his tele vision on both dates also asked the charge against be dismissed since there was no evidence be was in charge at the time the noise was being made Anderson countered that when police went to the centre both Cajic and had identified themselves as being in charge He said they had the rights as owners to control what was happening on their property Justice of the Peace McDermott said the court had experience with regard to what permit meant and noted the town would have difficulty convicting anyone for the noise on July since there was no direct evidence that anyone at the centre was in charge when the noise was loud He noted the land might have even been rented or leased to someone else on either day so the owners be re sponsible there was Just no evidence on that mat ler He noted when the officer was there on July there was no noise and there was no evidence of when Cajic arrived or left the centre The police also hadnt found out who hired the band and was controlling the speakers He said in both cases the police should ha ve made many more inquiries He said he hoped the Yugoslavs would make some efforts to solve the noise problem and appease the neighbors Hcwamedifthey keep laying charges they eventually do everything right and obtain a conviction and then the owners of the centre will face a new kind of problem and the other Third Line residents of no comment on future action or the outcome of the case a secretary St Josephs School registers Jamie Wallace for next years enrollment as Jamies mother Stella looks on BIA budget 20000 The Acton Business Improvement Area board of management plans to spend 20 this year Monday Halton Hills council received the budget and the treasurer was directed to add the cost to the business mill rate for the affected area The BIA plans to spend 5 on street main 5 on parking lot reconstruction on a flea market 6 for Lcathertown shopping bags and 2 on miscellaneous expenditures Volunteer Week April Volunteer Week will be April 1824 In Hills Council passed the proclamation Monday night CANADIAN CANCER SOCIETY ACTON UNIT CALL 8532225 Very Important People and cascade lobs a Bod CraMntaabtcn YOU CAN SAND BEACH LODGE FISHING ON FRENCH RIVER A Grided Fishing Lodge Open May 14 for Walleye ft Pike Su pert Boat A Motors Expert Guides Fishing Groups from to a Rats inc All Meali CAA Accommodations For Col Brochure Refer BoxfeRA1 MONTH on km SELECTIVE SERVICE GErfTLEMAN Your Complete Propane Centre TURC0 BARBECUE FOR 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