Curmudgeon Sues Local Kids

A Long Island couple is being threatened with jail time because [neighbors say the noise] of their two daughters at play in their backyard pool is just too much to take. William and Rachel Poczatek, of [Bayville, New York](http://en.wikipedia.org/wiki/Bayville,_New_York), received a noise violation that accused 11-year-old Ashley and 5-year old-Chloe of  “screaming and shouting” and causing “an unreasonable nuisance.” The couple was formally charged with violating a village ordinance that prohibits “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 or 15 days in jail. 15 days in jail? Now that’s one heck of a time out. “I just can't believe it,” William Poczatek told [1010 WINS](http://www.1010wins.com/pages/599781.php?contentType=4&contentId=625751). “What, are you telling me that a kid can't make noise? It's not fair.”

The Poczatek’s attorney, Andrew Campanelli said he believes the charges are “unconstitutional” and is confident that they will be dismissed. “It is legally impossible for a 5-year-old to commit this offense,” he contended. “I don't know anyone who would confuse a 5-year-old with a peddler, hawker or vendor.” Unless of course, the kiddie perp is peddling lemonade or hawking a box of sinful Girl Scout cookies.

Photo courtesey of [whiskymac on Flickr]