This is ridiculous

Bayville couple in hot water over pool noise
BY SUZANNE LABARRE
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June 20, 2007
A Bayville couple could face jail time because angry neighbors claim their daughters play too loudly in their backyard.

William and Rachel Poczatek must enter a plea in village court today after their neighbors complained to the village that the Poczateks' two daughters, aged 5 and 11, were making too much noise around the family's pool.

"I don't know what kind of solution there is," said Rachel Poczatek, 43. "Should I muzzle my children?"

The couple is charged with violating a noise code aimed at "the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood."

If convicted, the couple could face a $250 fine, a 15-day jail sentence, or both for each day that the offense continued, according to the village code.

The Poczateks' attorney, Andrew J. Campanelli of Mineola, said he thought the charge was "unconstitutional."

Neighbor Mark Kostakis, whose backyard adjoins the Poczateks' in this small North Shore community, said he began making audio recordings of the children to document the noise after complaining to the family and the village for nearly three years.

"This is it for me," said Kostakis, whose wife, Angie, is listed as one of the complainants on the summons. "I don't work 12 hours a day to come home and listen to this -- -- ."

But Albert Brunetti, 74, who lives next door to the Poczateks, said he thought the children were well-behaved.

"The kids are nice kids," he said. "Children are supposed to play and have fun."

Still, Bayville code enforcement officer Albert Criscuolo last month issued a notice of violation to William Poczatek, 43, ordering him to keep his children quiet. The Poczatek children were "screaming and shouting" and causing "an unreasonable nuisance," according to the notice. Criscuolo could not be reached for comment.

The fracas came to a head on June 12 when the couple hosted a party at their Perry Avenue home for their 11-year-old daughter and her friends, said Rachel Poczatek. The next day, the couple received the summons.

Rachel Poczatek said she does tell her children to be quiet, but they should be allowed to play during the day.

"I don't feel my kids are doing anything wrong by being outside," she said.

Bayville Mayor Victoria Siegel said she doesn't know the details of the case, but that the village usually issues noise violations for cutting lawns too early in the morning, barking dogs and loud music -- not for frolicking children.

"I'm certainly not happy about kids not being able to play in their backyard," Siegel said. "But something had to be happening in order for people to have complained."


I can't believe that!

Re: This is ridiculous

I saw that on the news this morning..... come onnnn....two kids swimming in a pool......how much noise could they make??? I guess a block party would be out of the question

Re: This is ridiculous

Holy Fun Police

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Are you kidding me??

Those poor kids can't even play in their own backyard! I think it's better that they are outside playing rather than sitting in front of the TV and playing video games all day!

Re: This is ridiculous

What crap, they are children, they play, run and yell. give me a break. If they were on the corner pimping themselves out I could see a complaint but c'mon. They are in their backyard and for the amount of taxes being paid the nighbors should zip it up. I would be ****** if I was those parents. Its summer time get a grip.

Re: This is ridiculous

I saw this on the news this morning.
I think it's ridiculous.
Children should certainly be able to play outdoors during the day.

HOWEVER, there is a family that lives next door to my Mom. They have a trampoline in their backyard and they are jumping and screaming and yelling on it until 11pm or later. That makes me nuts. People are trying to sleep or get ready for bed.

Re: This is ridiculous

Posted by TreAnt427

Are you kidding me??

Those poor kids can't even play in their own backyard! I think it's better that they are outside playing rather than sitting in front of the TV and playing video games all day!

Re: This is ridiculous

Message edited 6/20/2007 9:51:00 AM.

Re: This is ridiculous

Posted by SoinLove

Posted by TreAnt427

Are you kidding me??

Those poor kids can't even play in their own backyard! I think it's better that they are outside playing rather than sitting in front of the TV and playing video games all day!

ITA! Complaining for 3 years? This guy either needs to get a life or move to a retirement home. He can get some peace and quiet there.

Message edited 7/6/2009 12:42:10 PM.

Re: This is ridiculous

OMG...that guy is an azz!!

Kids are supposed to play, run and yell!! "We" are raising too may couch potatos now and children should be outside playing!!

There are 3 kids that come to visit their grandparents behind us....we hear them in the pool all the time. One time, we were having a BBQ and the grandfather said to the kids to keep it down because we had company, I yelled over the fence, its not bothering us at all and we are so hot we might come over an join them!! He thought that was funny!!

If it was 6am or after 11pm...then I can see the complaints BUT during the day.,,,that guy needs to give it a break!!

Re: This is ridiculous

On the other hand - there is NO REASON for kids to be screaming like they were. I heard it on the news last night....they were pretending that they were drowning and trying to save each other.

I could see complaining if the parties were everyday, but they're not. The guy should put in some bushes - it really helps!!!

Message edited 6/20/2007 10:00:00 AM.

Re: This is ridiculous

Re: This is ridiculous

This is assinine!

The statement.. "The couple is charged with violating a noise code aimed at "the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood."...means you can't have people yelling "Ice Cold Ice Cream for sale or Come Get Your Newspaper" in the streets...

Not giggles of laughter!!??

Re: This is ridiculous

I read that this morning. The article stated that the neighbor has been recording the noise levels the kids are making. I'm curious to see what happens.

Neighbors complain about one another all the time - noise and dirtiness.

He*ll, one of my neighbors called the town on us to send us a summons that we needed to clean up our lawn after we'd only lived there for a few weeks and there were leaves/branches everywhere.

Re: This is ridiculous

i just posted about a similar situation on LIW - the kids behind me are SO LOUD.

I dont want to get flamed. . . I know the difference between children playing and children JUST screaming for fun.

They scream a high pitched scream and yell out "I AM DROWNING" ALL DAY LONG. . . that is all they play and the parents do NOTHING about it. My mother and I have run out so many times already that we have to keep the windows closed so we don't hear it. I don't think it is fair that we have to listen to that all day.

Would I call the police? I am tempted to because I feel like if they are just screaming like that they are probably not being supervised. However, I don't think I could ever actually do it.

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I can see if it was super early in the morning or really late at night. Then I too would complain.

Kids are going to be kids. They yell, scream and talk loud when they are playing.

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It is so stupid!!

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Re: This is ridiculous

Honestly, I can understand someone being totally annoyed by kids screaming all the time.

Everybody does not have to like children.

We all have to share our neighborhood. While kids cannot always "control" themselves.. yes, kids will be kids... but our neighbors do have a right to peace and quiet too.

Re: This is ridiculous

I would not mind at all if they were just being loud and yelling things like "THROW ME THE BALL"

it is just a constant "HELP I AM DROWNING" followed by a blood curdling scream and sometime even "fake" crying that gets to me. . . I get so nervous that THIS time it will be the time they AREN'T playing and I just sat there in my backyard and listened to a child actually drowning.

Re: This is ridiculous

NM really not relevant

Message edited 6/20/2007 1:09:50 PM.

Re: This is ridiculous

I'm a Mom and I'm all about kids...BUT personally I feel that if the neighbor addressed it to the offender's parents, the offender's parents could have tried be a little more conscientious about the situation to alleivate a hostile situation within the neighborhood. I'd be a little ****** as well hearing that for three years consecutively without it ever being put in check. To me, it sounds like this mother was trying to be an a$$ and not be the slightest bit accomodating towards her neighbors. Kids play, but c'mon. Besides, I find it a little disturbing that the Mom let's them play "the drowning game" all day long. I think one of the kids is only five??

Re: This is ridiculous

Does anyone have a link to the audio he made?



and can I play the drowmning game in my pool with DH when he pizzes me off

Re: This is ridiculous

Posted by Stacey1403

and can I play the drowmning game in my pool with DH when he pizzes me off