Artist rendition of Mark Kostakis.
Posted on 06/21/2007 8:04:48 AM PDT by Wolfie
Bayville couple in hot water over pool noise
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."
(Excerpt) Read more at newsday.com ...
Put a decible reader (or whatever it’s called) and measure how loud they are? I mostly think this is hooey...
Artist rendition of Mark Kostakis.
As a parent of 4, I think that I could find a way for my kids to swim while, at the same time, being considerate of the neighbors. Kids don’t have to scream to have fun.
Screaming kids are a pain.
Parents who won’t tell screaming kids to pipe down are worce than vandals.
We played at a relatives pool as kids. The neighbors were older. If you got carried away and made too much noise, out of the pool you came.
We had lots of fun, without screeching our lungs out.
Too many people today think that JUST EVERYONE loves their kids. No matter what.
Lots of us don’t. And we have rights too.
i guess the rest of the neighborhood kids are quiet
lil couch potatos who play video games all day...sigh!
worce = worse.
typo twittery and all that.
I have 3 and we live putted up to our neighbors on each side. We used to be the noisiest neighbors around because we were the only ones with kids. Now, 2 more families with kids have moved in, and we are one of the quietest.
We all hear each other’s kids. Most of us have pools and kids are constantly jumping, splashing, and having fun. Our church party with 15 teenage boys was very rowdy.
I think it’s okay if it isn’t too late.
Kids are supposed to laugh and have fun.
LOL. Every neighborhood has one.
Instead of putted it was supposed to be butted up.
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.
TWO WORDS: CLUSTER ZONING
many years ago the environuts left their mark on local zoning ordinances making cluster zoning the rule. This is when you squeeze 10-100 otherwise nice homes into a thimble to protect “open spaces” and viewsheds.
Bottom line, people wanted suburbia and instead they get expensive homes where dozens of neighbots sit almost in everyone’s back yards....thus no privacy, no peace, no quiet.
“Kids don’t have to scream to have fun.”
I don’t know. I find the kids playing outdoors in the yards behind ours to be annoying sometimes - most of them are pretty small and they do scream - but I just figure that that’s what small kids do when they’re playing outdoors.
Man that jerk has to have a frog in his pants. He has been complaining for three years, that says a lot it also means the five year old was 2 when he started. Now I am no rocket scientist but how many two year olds do you know that can shout at two. Talk and perhaps scream while crying but shout no way. I say give him a set of ear plugs and dunce hat and tell him to sit in a corner.
At the risk of sounding like a grinch myself, I’m wondering what time of day/night the kids are making the noise. I have to admit, I have some neighbors who allow their kids to play outside up until 11:00-Midnight during the summer. That #@$& gets old quickly!!!
If this fellow has indeed asked and complained for 3 years then he is either very picky and looking for a fight or as I believe these parents of the screaming kids don’t give a hoot about anyone but themselves...
Good point. In the neigbourhood where I grew up this was much less of a problem because back yards were larger, there was more space between houses, and the houses weren’t all brick with the backs of them lining up perfectly so that the sound reverberates.
Sounds like total complete a**hole neighbors there (the complainants). How asinine can you get.
Kids are kids. I have 7 of ‘em. Lots of them on my court, too. The only time I walk outside and ask them to tone it down (I work from home) is when occasionally a group of them will sit around and just........scream bloody murder for the hell of it.
I don’t go to their parents, I don’t complain to the city, I don’t call the cops......hell, I’m an adult male: I walk outside and tell ‘em to knock it off.
They do. Quickly.
I was going to come down on the neighbor for being a d|ck until I read that he discussed the noise with his neighbor for three years. Neighborly respect is a two-way street.
“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 — — .”
The Kostakis’ seem like real asses of neighbors....
Its New York who cares?
Crush those little hooligans at the first squeak or shout.
If they get away with being kids, next they’ll be teenagers and we all know where that leads!
Damned breeders should know better than to let their spawn out into their own back yards where they can be seen or heard by real people.
It’s an outrage!
Somebody needs to buy the neighbor a pair of Bose headphones...that should do the trick.
What are you...90 years old?
100% answered yes in a scientific poll of W.C. Fields.
Kids laughing and playing is music to my ears. What I can’t stand is that high , shrill scream little girls make. It’s like a nail/chalkboard thing to me. I have actually asked parents to make them stop, when shopping. I had all boys but when my granddaughters start it, they know to change to their quiet voice or Granny will put them in the “red chair”.
"But Albert Brunetti, 74, who lives next door to the Poczateks, said he thought the children were well-behaved."
My neighbors have two spawn from Hell. They both sound like Sam Kenison. I don’t complain. They are kids. They are going to scream and asking their parents to shut them up will cause a whole lot more bad feelings than just ignoring them.
Being on good terms with your neighbors and their kids can avoid many difficulties when the kids become teenagers.
I used to terrorize the neighbors when I was a kid...
Here’s what everybody seems to have missed....
“the shouting and crying of peddlers, hawkers and vendors “
Exactly what are these two kids “peddling, hawking, or vending”?
As the law is written (if this is correct) this would apply to carnival barkers, street corner salesmen, maybe paperboys; but not children at play.
You know, like “EXTRA!! EXTRA!! Read all about it!!!! Kids cannot have fun outside in their own yard anymore!!!!”
Yeah, but ol’ Albert might have the option of turning off his hearing aid.
As for this situation, I’d have to hear it to have an opinion.
I heard on the radio today that this was thrown out of court.
“and they do scream”......it’s usually the girls....I don’t remember screaming as much as girls do these days as a little girl....but that was a long time ago.
I'll introduce you to my 14-month-old son . . .
It seems to me, that with a little “give” on both sides, this could be worked out. Too many times, though, people think that they’re entitled and don’t want to work things out.
I have to sympathize with a person who repeatedly comes home from a long day at work and can’t enjoy his own yard because of screaming children. Children need to be taught consideration. I know. I was one.
HA....I just saw YOUR post.....I’m the same....but, then I only had a son....so, maybe I was never conditioned to girls screaming, either.
Maybe these neighbors should move to an adults-only development. I sure hope the judge tells them to take a flying leap.
Assuming the kids aren't screaming at all hours of the night, I don't see the problem.
1) I didn’t say that there should be no sounds.
2) I live in a neighborhood. There are kids—they just don’t make noise, for whatever reason. I don’t hear them. It’s not an asylum. It’s peaceful.
He has apparently also complained to the Village which doesn't seem to think there is a problem. Either the Village hasn't checked (which is doubtful if he has complained repeatedly) or the noise isn't above the levels allowed in that Village. If that's the case, the neighbor just needs to get over it.
She has apologized for the aggressive plant. I’m not sure how it would have cut down on noise other than to maybe grab a kid who stood still for more than a few minutes.
I'm not so sure about that. For example, we had an issue in our neighborhood where kids were lighting off powerful fireworks all over our block---right next to peoples' cars, peoples' porches, etc. We complained to the city en masse, and the city, and the police, could do, or did do, little about it. That doesn't mean that the problem didn't exist, but rather, the civic solution to it was somewhat nebulous.
I’m so glad my only neighbors are 170,000 chickens, they don’t care how much noise my daughter and her firends make.
I think this one deserves a MOM ping!!!!!
There’s a solution to every problem. :)
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