Little Girls Playing by the Pool: a Constitutional Issue?

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 -- -- ."