Noisy Kids A Case for Court?

[MA-Caver]

Noise charge dismissed, kids' squeals OK
http://news.yahoo.com/s/ap/20070621/ap_on_fe_st/odd_backyard_noise
By FRANK ELTMAN, Associated Press Writer Thu Jun 21, 10:38 AM ET
GARDEN CITY, N.Y. - It's what kids do: squeal in delight when they're having fun. But to some Long Island residents those squeals were unwelcome noise, and they wanted two neighborhood girls playing in a backyard pool to pipe down.
The complaints fell on deaf ears Wednesday night when Bayville's acting village justice dismissed a summons accusing the girls' parents, William and Rachel Poczatek, of violating a village noise ordinance.
"I think the village did the right thing," William Poczatek said.
Poczatek said he was shocked when he and his wife were slapped with a summons. Sure, he said, Ashley, 11, and 5-year-old Chloe make noise when they're outside enjoying their aboveground swimming pool.
"What, are you telling me that a kid can't make noise?" he protested. "It's not fair."
The Poczateks were cleared because the ordinance is usually reserved for "the shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood," their attorney said.
"The statute didn't apply," insisted attorney Andrew Campanelli, who got no argument from the judge or prosecutor.

There's a video on Yahoo.com that can't be linked here that has more of the story, and an audio of the kids screaming (in fun while playing) that was recorded by the neighbors for over a half an hour.
Generally kids are loud and they can be very piercing loud. But can your neighbor be telling you to tell your kids to keep it down? I think they can ask and as a good neighbor you can tell your kids to keep it down because it's respectfulness returned.
When homes are packed in so tightly together and each home has roughly 1/3 of an acre to live in neighbors are going to have to realize that such close proximity is going to have whatever (loud) noise carry over. Is it the same with a noisy lawn-mower? Dogs? Your kid's garage band?
How is the noise in your neighborhood? Or are your homes far enough apart from each other that whatever noise there is, is just muted white noise?
Were the neighbors right in wanting to take it to court? It got dismissed. Was it worth it? Will it work either way?