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Long Island Battle: Noisy Kids 1, Neighbors 0

2007_06_noisecode.jpgEven though the city is supposed to be noisy and bustling, the mayor reformed the noise code three years ago to make it easier for the police to crack down on complaints, as noise tends to be the city's number 1 quality-of-life complaint. But we haven't heard of any city dwellers being threatened with a fine or jail time for their noisy children - that seems to be a Long Island trend.

Bayville resident Mark Kostakis and six other neighbors complained about the 5- and 11-year-old daughters of neighbors William and Rachel Poczatek, namely the girls' backyard pool behavior which allegedly meant screaming and shrieking for hours on end. And a "village code enforcement officer" actually issued William Poczatek a notice of violation for his kids' screaming, saying it was an "unreasonable nuisance to neighbors" last month. Amusingly, the kids were lumped into an ordinance about "the shouting and crying of peddlers, hawkers and vendors." The Poczateks were issued a summons to appear in court earlier this week, facing a $250 fine and/or 15 days jail time for every day the violations continued. Enter a mini-media circus, aggrieved neighbors, aggrieved parents, and moppets demonstrating their swimming skills to local TV.

A village judge threw out the case yesterday, after the village prosecutor asked the charges be dismissed. The Poczateks are relieved and accused the Kostakises, who have no children, of being drags. But Kostakis told the Post, "I pull up to my house and it sounds like I'm pulling up to a football game. I just want to live my life. I'm a plumber. I work too hard to come home to this."

A legal battle may continue: The Kostakises were told by the village to record instances of the noisy kids, so they bought a videocamera to tape the kids. Now the Poczateks want the tapes destroyed. Not to mention that the summer has only just begun, which means days of playing in the pool!

And for your reading pleasure: The 25-page city noise code (PDF).

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Comments [rss]

  • guest

    I prepared myself for "noise" when the 3 little kids moved in two years ago, but it's that sustained, high-pitched SCREAMING that drives me up the freakin' wall! Last year we had a notary to the house to sign papers, and she asked about the noise from the neighbor's parrot. Parrot!? That's their kid! Generally, they're very nice people, and the kids are kind of cute (excpet for the SCREAMING), but it's in full force again this summer. Last weekend, as the kids SCREAMED for several hours outside my home office window, I finally walked out front and asked their moron father if he would ask the kids to stop SCREAMING. He replied, "This is not Leisure World" [retirement community]. Yes, I'm older than he is and wouldn't be working if I were retired, but I took this to mean, "F___ off, old lady." My blood boiled. So, I asked, "Well can you try to be a little considerate?" So much for trying to work it out between neighbors. You can't pass laws against rudeness. It's a little icy between us now, but I must say much quieter.

  • guest

    Give them a fine

    a $500 penalty will be better.

    Then put them in jail, parents and children,

    if they continue.

  • guest

    This is the last straw. I am going to start SILENCE. Stop Insensative Loud Egocentric Neighbors Constitutionally and Expediently.



    I have seen that a lot of you are at your wits end and a national organization is needed for us to get the remaining human beings who are respectful to become so.



    Whether it be dogs, kids, engines, music, etc. thats makes the noise, the waves of intrusion are not welcome at any hour.

  • guest

    #33 Ditto

  • guest

    Tell your kids to quit screaming or they have to get out of the pool for 30 min each time they scream. It will take about a day to get this problem corrected. This will of course make one of the parents have to actually SIT OUTSIDE with their children with a watch on and *GASP* actually parent for a day. This really is not rocket science, it a simple relatively painless behavior correction.



    Children's screams should be saved for when they need HELP and need it right away. If these kids are ever injured or assaulted no one is going to pay any attention to their screams because all the neighbors are all inside trying to drown out the noise with the stereo.



    These parents are entitlement minded, lazy and are doing their children no favor in life whatsoever.



    Yes kids can use a pool without screaming. I told mine when we got out pool to quit screaming because "I don't want to hear it and neither do the neighbors". It took about half a day to get the pools rules straight. These girls are noisy because the parents could give a crap about anyone else. PARENT YOUR CHILDREN or don't breed.



    These people are a shining example of why some parents are called Breeders and why I am a Parent.

  • guest

    Tell your kids to quit screaming or they have to get out of the pool for 30 min each time they scream. It will take about a day to get this problem corrected. This will of course make one of the parents have to actually SIT OUTSIDE with their children with a watch on and *GASP* actually parent for a day. This really is not rocket science, it a simple relatively painless behavior correction.



    Children's screams should be saved for when they need HELP and need it right away. If these kids are ever injured or assaulted no one is going to pay any attention to their screams because all the neighbors are all inside trying to drown out the noise with the stereo.



    These parents are entitlement minded, lazy and are doing their children no favor in life whatsoever.



    Yes kids can use a pool without screaming. I told mine when we got out pool to quit screaming because "I don't want to hear it and neither do the neighbors". It took about half a day to get the pools rules straight. These girls are noisy because the parents could give a crap about anyone else. PARENT YOUR CHILDREN or don't breed.



    These people are a shining example of why some parents are called Breeders and why I am a Parent.

  • guest

    #26,

    Sure, enough, God gets dragged into this...save your "prayers" for someone who needs it... as for God forbidding me from ever having kids, go suck your big toe, you fake Christian.

  • guest

    It's just a sign of the times . Today parents are more interested in being "Friends" with there kids as appose to being the Parent . I understand they had a rough as kids themselves and don't want their kids leading that lifestyle . To me there's something to be said about the difference between being the authority figure, & the friend in a child's life . If Ur to hard on them (Whatever the hell that means) then they might hate you and try distancing themselves . On the other hand, If Ur playing the Friend role it's like giving the child the license of choice . I think the way I was raised should be the standard for kids today . [80]% Authority, & [20]% Friend , My mother was the "Healthy Blend" Of Authority, & Friend . My Father was the "No Shit type"- Do what the hell your suppose to do-& I won't whup that ass type" ! It sickens me when I See kids today dictating policy to the "Policymakers" (That being the Parent) ! These kids have no self control because there parents have given up on them and are trying to be the "Friend" . I was this story on the news and you could tell the complaint was for real . In reality, The parents are going to win this and the neighbors are going to have to deal with the noise . We all know what happens when the Courts get involved in disputes . Posted by; "Still Not Amused"

  • guest

    #20 - Tr_ _?? You sound like a friend of mine who's going thru the exact same thing.



    I had a backyard that the neighboring apt looked out on. Some eurotrash girl would come home at dawn and start blasting music. I just stood at her window (standing in my garden) and asked her to turn it down. The reality of a neighbor LOOKING IN HER WINDOW broke that veil of anonimity [sp?] and freaked her out. She stopped doing it.

  • guest

    *gasp* #11, I have experienced a similar situation, but in much smaller doses. However, I'm not in favor of the fact that sometimes these so-called "delinquents" sit on our sheltered stoop on various rainy nights and think they own it. Why couldn't they do that inside of their friend's house? I find it disrespectful. I wish I could tell them to leave, but it seems so minor...it doesn't seem to be worth it.



    It seems that all the police do around here is get traffic officers to issue tickets for violations.



    And for people who sleep in during weekends: Earplugs are the only way to go. It's worked for me so I can get an extra half hour or hour of shut-eye. As long as I don't hear someone's bad playlist unnecessarily blaring near my ears, it's okay for me. One time, I had to deal with a whole summer of Cher music in the mornings from my next door neighbor, and she knew this annoyed people *phobic shudders*

  • guest

    I meant #22 was not me

  • guest

    yes this is number 21. The truth is in what "I" wrote, so no matter what you say you will not hurt me or strike a nerve. I know me, you don't. That's the truth and # 19 was not me, that's the truth, hurts don't it. By the way the family with the kids won, I'm not wasting my time with your stupidity anymore. Have a nice life, God forbid you from having any children. Also I'll pray for you that God softens your heart and makes you more human natured!

  • guest

    #22, you must be same poster as #21 or a friend...go discipline your kids...

  • guest

    ooooh #21, did I hurt a nerve.. truth hurts:)

  • Gwinny

    bklynd: My pet peeve is twenty-somethings who talk at concerts - it's like, what are you there for?



    I'm with you on that one, dude. I wear earplugs to concerts (in an effort to save my eardrums and to block out ambient noise) and am always stunned that I am STILL able to hear the idiot talking loudly next to me, totally ignoring the concert he/she is attending. Unbelievable!



    As far as these shrieking kids in this story are concerned, I can certainly understand why the neighbors found this annoying. At first I was like, how much noise could they POSSIBLY be making? - but once I heard on TV that a lot of neighbors were annoyed and not just them, I started thinking we were talking about some unusually annoying brats and not just your average "kids having fun" -type noise.

  • guest

    #19 you're ignorant...period

  • guest

    #19 Actually thank you, I have 2 wonderful and behaved toddlers ages 2 and 3who go to a christian school and are very affectionate and pleasant. My children are being taught about manners, how to love, and care about others. You people are the role models for our children, God help us. I never said don't teach kids manners and never said a parent should not say something to them. I too get upset..AT THE PARENTS... if the kids are misbahving but that's not the kids fault and it's no reason to sue somone. Don't change it into something personal you don't me or my kids, from the sound of you, you're a cold hearted, no feeling, bitter person!

  • guest

    My bedroom window faces the backyard of another building, and their two small kids are often outside playing LOUDLY as early as 7:00 on the weekends. I feel guilty complaining about the sound of a child's laughter (even if it is SHRIEKING laughter) but I only get to sleep in two days a week... Any suggestions for how to approach this neighbor? I was thinking about leaving a courteous note, but I know sometimes it's hard to read a tone of voice. I don't want to come across as angry, just tired and wanting a few more hours of sleep.

  • guest

    #12,

    Let the youth be youth?...The noise isn't going to kill you? YEAH RIGHT. When I went looking for an apartment, I didn't ask the landlord to find me the nosiest apartment he had, closest to as many kids as humanly possible so I could enjoy the sweet sounds of childhood at maximum volume. I asked for a safe quiet environment to live in where I can relax in peace. Total silence I will never have until I'm dead, I get that. But listening to kids scream for hours while the parents are silently on the sidelines not even trying to control their offspring? Hell no. Never. I value my time alone relaxing at home after a hard day's work and I pay too much damn rent to let a bunch of shriekers ruin my evenings--even if it's summer.



    I'll bet your you're probably a parent to a bunch of these shrieking kids...

  • guest

    To #12: I have kids about the same age, a boy (10) and a girl (7). If my kids ever carried that way, they wouldn't be using the pool anymore. They would be staying in the house until they learned not to carry on like young banshees.



    I fully agree that kids need time to be kids, and that they should be allowed to have fun. But that fun shouldn't come at the expense of other people. My kids need to learn that the world isn't all about them, and that they have to have some respect and consideration for others. If they don't have manners, it's up to me as a parent to teach them manners.



    The neighbors shouldn't have even had to go to the authorities; the parents should have done their jobs and made sure their kids weren't being a nuisance.

  • brooklynbee

    It's true about the fear of violence for reprimanding noisy kids or even adults. I was in the movies recently with a bunch of screaming/kicking kids - the mom was with them but did not tell them to be quiet. Another movie patron asked the kids to be quiet, and a riot nearly ensued with other people then yelling at the person who asked the kids to quiet down!

  • guest

    How hard is it to tell a kid to tone it down?

    Here's two simple words "Too Loud" Kids should be seen and not heard.

    The reason no one but assholes goes up to people to complain is because of the fear of violence. Let the police handle it, it's their job.

  • guest

    To #13. Exactly. Your argument makes no sense...you say there's an inside voice and an outside voice... these kids were outside, in there own backyard, in their own pool, using their outside voice. And by the way what happened to Freedom! Kids are still learning what courtesy is and they're still learning what manners are. They're minds are less mature and developed then yours and mine. You guys are excpecting too much common sense and being unrealistic of a childs development.

  • robingee

    Kids can be kids, they can play and yell. But when you live in a densely populated area you have to be considerate of neighbors. I agree with #9; why can't the neighbors solve this themselves? It seems an easy compromise. Everyone feels entitled to do whatever they want whenever they want, and when you have close neighbors you have to employ some courtesy. Someone is being unreasonable here.

  • guest

    OK to number 12, by the same account, let's go back to the old days when a stranger can discipline a child if he/she sees the parents are not doing it.

    Kids being kids is one thing, being disrespectful of your neighbors is another.

    There's an inside voice and an outside voice.

  • guest

    Do you hear you people? The majority of you people must not have kids. What happened to kids grow up too fast, kids rebel because they were never able to be kids, people growing up saying I never had a childhood, or my parents never let me have fun. You people are the ones that need to grow up! Let the youth be youthful, let kids be kids. We all have one childhood, let them take advantage of it and live it to their fullest. If you don't like the noise move. The noise is not gonna kill you. Wait til the day you have kids and you will see it's not easy, they don't always do what you tell them, but even then you might be able to understand how kids being kids is a beautiful thing not a nuisance. They're our kids, our next generation. Leave them alone.

  • guest

    We have a similar problem on our block, in Brooklyn. On the one hand, our neighbors have probably six kids (six kids!?!?) who don't seem to go to school and rarely leave the backyard, which is concrete gone to pebbles, all day and well into the night; they play ball and yell and scream and yap and on and on.



    On the other hand, out the front, our block is terrorized by the same group of delinquents (and I use delinquent pointedly, as one of these people was offered a full ride to Fordham and turned it down, forever nullifying the issue of class and opportunity in my mind) sitting on other people's stoops - though they live on the block - and usually smoking blunts and at night drinking. Sometimes their friends pull up in cars, double-park, other times it's a quick, looks like drug deal. And though at times the problem is nothing more than people chatting away on a summer afternoon/evening, it happens every day and there have been instances of harrassment of local residents and whatnot.



    All this being said, people are afraid to call the police because of the drug ties, or mob ties, even, allegedly, though those of us who have called the local precinct, the 76 in Brooklyn, or 311 have been met with, at best, a shrugging of the law-enforcement shoulders. Calls and letters to city officials don't do much, either. All the cops have to do if they want this problem to stop is issue a violation, or talk to the people.



    So, in terms of quality-of-life issues being acted upon, the NYPD is selective, if they do anything at all.

  • MFdobbs

    Question: what's worse; a neighbor with a yappy little rat dog, or two incessantly screaming little girls right outside your window?



    Personally, I'd take the rat dog. At least in that case I'd feel somewhat less guilty employing a low-velocity bb gun.

  • rtd2101

    What amazes me about this story is that the neighbors went straight to the city and the courts. What the hell ever happened to knocking on your neighbor's door and asking them to keep their kids quiet? And if you are the parents, what the hell ever happened to telling your kids to keep it down when the neighbors are home?



    Seems a little civility on both sides might have kept this story from becoming news, but alas...

  • guest

    The mother says the kids don't use the pool after 9pm, sorry but that's already too late to be swimming.

    You should see the other homes surrounding this white trash pool, their windows are literally on top of it. Like they could jump right in.

  • metropolisist

    maybe Kostakis should setup loud speakers in his backyard and play recorded audio of themselves shreaking like the kids



    i wonder how much sugar the Poczateks give the kids

  • bklynd

    Eh, people have just gotten stupider about noise across the board. My pet peeve is twenty-somethings who talk at concerts - it's like, what are you there for?



    It's all about a lack of self-consciousness. Or, everybody's going deaf.

  • Spirit of 76

    "I even read recently how these brats are also ruining the public library system: parents are using them as playgrounds and babysitting services for their kids after school lets out...isn't the library supposed to be a quiet place?"



    Yep. A month ago, I saw (and heard) one high schooler having a long conversation at the library. With somebody two tables over. What's worse is that library employees either don't seem to care anymore or have given up trying to quiet down the kids. The adults aren't much better, with some of them talking loudly on their cell phones in the library, obnoxious ringtones and all. And then there are the people with their mp3 players turned up so loud you can make out the song from 20 feet away.

  • anzelina

    On one side of my backyard there's a screaming toddler, bossing her parents around. On the other side there's some sort of large parrot who has taken to imitating the screaming child.



    But, at least I'm lucky enough to have a backyard.

  • guest

    We live across the street from a playground where parents let their kids have screaming contests. I believe the parents (or nannies) think it's better for kids to scream in the playground than in the house. But come on, there are people who live on all four sides of this playground! Sometimes I feel like hanging my head out the window and joining in the screaming.

  • guest

    There are way too many parents who have no control over their kids today. Everyday I see brats running rampant through NYC streets and stores with very little supervision. It's as though parents today don't care. I often wonder how more kids don't get kidnapped or hit by a car around here. I even read recently how these brats are also ruining the public library system: parents are using them as playgrounds and babysitting services for their kids after school lets out...isn't the library supposed to be a quiet place?



    And have you tried eating dinner at a restaurant while a family sits nearby and the parents think it's totally cute that their kids are running around and shrieking? (Not to mention trying to sit comfortably in a restuarant full of those ridiculous overpriced & oversized baby carriages?)



    I think people who want to have kids should think long & hard about having them BEFORE they get pregnant. Parenting is a 24 hour, 7 day a week job for 18 years. Parents also need to stop allowing so much freedom and start using some form of discipline. Kids in NYC are completely out of control.



    There are too many people packed into small spaces in the tri-state area. If I want to come home after a long hard day and enjoy peace & quiet, I should be able to. I commend the Kostakises for taking the Poczateks to court. I bet those brats will think twice before they go out into the yard screaming again...

  • guest

    Good for him. Yes, we live densely together. No, that doesn't mean you get to impose your hyperactive children -- or your surround sound, your reggaeton, your truck horn or your unnecessary sirens -- on everyone around you.



    You can see where the lack of manners in the kids comes from. Above-ground pools are so suburban ghetto anyway -- there's probably about six inches left in the backyard after they installed that walrus tank.

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