( Gary Hovland ) Image Source: http://www.nytimes.com/2007/07/22/ny...iuHC7ux7uGumEQ __________________________________________________ __________________________________________________ over 0 Sound criticism against Bayville family slipped BY SUZANNE LABARRE suzanne.labarre@newsday.com June 20, 2007 Cheers erupted in a loaded courtroom in Bayville [L.I.] Wednesday evening following a judge ignored an incident against jail time was faced by a couple who since their kids presumably performed also fully around their yard swimming. Bill and Rachel Poczatek, of Bayville, were charged of breaking a town noise signal after angry neighbors reported that their kids, ages 5 and 11, made an excessive amount of noise frolicking within their yard. Judge John E. Kennedy put out the situation after Village Prosecutor James Reilly joined with the couple's lawyer, Andrew T. Campanelli, of Mineola, who asked that the cost be ignored. "I believe the town did the best thing," mentioned William, 43. Rachel, also 43, included, "It shouldn't came for this point." Friend Mark Kostakis, 40, who'd reported concerning the women, said Wednesday evening, "The wrong ordinance was created. ... Does this give the best to them to complete what they need? You will have to ask them." The couple's lawyer hasn't eliminated more legitimate motion. The girls had been videotaped by kostakis playing in the yard and the pair needs the videos ruined. Kostakis said early in the day this week he'd reported to the household and the village for pretty much 3 years and began documenting the noise last month after village authorities directed his complaints to be documented by him, he said. "I don't want to buy to advance. I'd like peace and quiet," Kostakis said. His partner, Angie, 44, said they'd purchased the camera to record the situation. "It isn't concerning the kiddies. It's concerning the parents who've obvious disrespect for the neighbors," she said. The Poczateks were faced with breaking a supply that bars "the yelling and crying of peddlers, hawkers and suppliers, which affects the peace and peaceful of the neighborhood." If charged, the pair might have been fined $250 or delivered to prison for 15 times, or both for every day that the crime extended. Caroline Bourke, 53, who lives behind the Poczateks, also offers reported, but said yesterday she was not amazed the situation was trashed. "I imagine nowadays, you will find likely to need to be new ordinances," she said. The dismissal was supported by a friend of the Poczateks, Nicole Waage, 41, of Bayville,. "I believe it had been the best decision and the only real decision to create. You will find kiddies all around the devote Bayville," she said. On Tuesday, Mayor Victoria Siegel said she was not pleased about kiddies perhaps not having the ability to perform within their yard, but managed that "something had to be occurring for individuals to have complained." But Albert Brunetti, 74, who lives nearby to the Poczateks, said he's never had an issue with the kids. "The children are good kids," he explained. A few neighbors who stay behind the Poczateks' Perry Avenue house on Plymouth Road said Tuesday that the kids are certainly an annoyance. The kids shout at the very top of the lungs and move on all night on conclusion, said Sheila Brown, 48. "I might have 10 friends over that not make just as much sound as these two kids," she said. On Might 7, a town signal administration official released William Poczatek a notice of breach, stating his youngsters' "loud yelling, shouting" being an "unreasonable annoyance to neighbors." A week ago, a party was held by the Poczateks due to their 11-year-old child and her friends. The next morning, a summons was received by them to surface in judge. Rachel Poczatek said Tuesday her kids are well-behaved. "They aren't tossing stones, they're not shouting, they're only playing within their yard," she said. Trademark 2007 Newsday Inc. http://www.newsday.com/news/local/lo...tory?track=rssABC News Clip (contains saving of kids' squeals ):http://cosmos.bcst.yahoo.com/up/news...116397&lang=en