you kids, stop having fun in your pool right now.....

Noise charge dismissed, kids' squeals OK

FRANK ELTMAN, Associated Press, GARDEN CITY, N.Y.

It's what kids do: squeal in delight when they're having fun.

But to some Long Island residents those squeals were unwelcome noise, and they wanted two neighborhood girls playing in a backyard pool to pipe down.
The complaints fell on deaf ears Wednesday night when Bayville's acting village justice dismissed a summons accusing the girls' parents, William and Rachel Poczatek, of violating a village noise ordinance.

"I think the village did the right thing," William Poczatek said.

Poczatek said he was shocked when he and his wife were slapped with a summons. Sure, he said, Ashley, 11, and 5-year-old Chloe make noise when they're outside enjoying their aboveground swimming pool.

"What, are you telling me that a kid can't make noise?" he protested. "It's not fair."

The Poczateks were cleared because the ordinance is usually reserved for "the shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood," their attorney said.

"The statute didn't apply," insisted attorney Andrew Campanelli, who got no argument from the judge or prosecutor.

Before the hearing, neighbor Sheila Brown said the children's squeals were not your usual brand of merriment.

"I have five dogs," Brown said. "Five dogs don't make this much noise. This is not something that started yesterday. They have been asked politely, but this is an ongoing issue far beyond children just playing in the pool."

Neighbors did not speak with reporters after the court proceeding.

Poczatek offered a conciliatory message: "Yes, we will try to keep them quieter."