Sound Of Children Playing Sparks Controversy In Greenport

GREENPORT, NY — Ears are ringing after a public hearing about proposed changes to the Village of Greenport's noise code that elicited comments from residents about the sound of children playing, in their own backyards, that has others seeing red.

The hearing was held to give residents a chance to voice their thoughts on proposed changes to the village's noise code, including the addition of a noise control officer.

The source of contention centered on the elimination of words in the code that states: "Yelling, shouting, hooting, whistling, or singing on public streets or from private property at any time that annoys or disturb the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of 50 feet from the area, building, structure or vehicle in which it is located."

Greenport resident Michael Sacks said he wanted to object to the proposed change of removing language about "yelling and shouting. My reasoning is that the neighbor who consistently yells and shouts at a loud volume can disrupt your quality of life just as much as the neighbor who runs machinery or plays a musical device. I think our current ordinance recognizes that — it would be a pity to provide us with less protection rather than more," he said.

Dena Zemsky said while the quality of life concerns in the village currently include noise pollution generated by landscapers and commercial noise, there are other issues. "There is also neighbor noise," she said.

Having lived in the village for 27 years, she said, more and more residents are erecting wraparound fences, tall hedges, and "multiple" pieces of playground equipment on their properties. "Many of us forget who is on the other side of those fences and hedges and are not considerate," she said. At her own home neighbors, she said, generate "sustained" noise from the afternoon until after 11 p.m. with "screaming and hollering" of children as well as the noise from a "very large trampoline."

She urged the board not to take out the words "hollering and hooting" from the noise code and asked for a more comprehensive code to address the issues she mentioned.

Zemsky and Sacks live next door to Alex and Ju-Lie Bell, who have three children, 11, 8, and 5, Bell confirmed.

The Bells took issue with the noise complaints voiced by the pair, specifically the comments involving children playing. Alex Bell sent out a mass email to residents asking them to send letters to the board of trustees, urging them not to make any changes to the proposed code in reference to the comments at the hearing.

Bell told Patch that while he and his family live next door to Zemsky and Sacks, "their anti-kids' noise proposals would have affected all kids in Greenport, hence my springing to action."

That's why he wrote the letter to residents, because, Bell said, he felt code changes suggested by Zemsky and Sacks could impacted children village-wide.

"There is a process going on right now to change the Village of Greenport code that could inadvertently restrict noise in residential areas, including and specifically noise from children playing," Alex Bell wrote. "Yes, banning children from making noise when playing…in their own backyards…in summer… during a health pandemic when they’re potentially learning from home and access to parks and other public spaces is restricted. Crazy, right?"

Bell asked residents to send the letters to the board, asking them to "support young and like-minded families in Greenport" and pass the amended code as presented, with no further noise restrictions on residential areas.

The original language, Bell said, was written to prevent merchants from yelling as they peddled merchandise in the street. "The proposed law would better align the code with the reality of Greenport as a visitor-friendly town by, amongst other things, doing away with this language, which leaves to misinterpretation noise emanating from restaurants and bars in the commercial district as noise pollution," he said.

Bell said that, at the hearing: "Some residents voiced their strong opposition to the proposed law and suggested to include language to further restrict noise in residential areas, specifically to ban 'yelling, shouting and hooting', including in connection with children playing in their own backyard. Yes, these residents want to ban the sound of children playing. What’s next? Ice cream? Sunsets? Cute puppies? Rainbows? Romantic beach walks and all other things that are generally accepted as happy and joyous? This is nuts!"

His three children, Bell said, "are happy kids. They're full of life," he said. When out in the yard, they're playing, not listening to music, he said.

He questioned why residents would bring up the sounds of children playing when the village has so many more pressing concerns, including how to keep businesses afloat during the pandemic.

Bell also urged that the village board present its next meeting, which takes place Thursday at 7 p.m., via Zoom as well as in-person, so that all can weigh in.

So far, Bell said he's heard of about 15 residents who have sent letters in opposition to the board.

Residents expressed outrage on social media. "I'm sorry but trying to silence children in their own village backyards is going too far!" said former Greenport Village Mayor Dave Kapell. "Noise is part of village life, especially children playing." He urged the board to pass the amendments to the local law as presented, without any changes prompted by the comments of those who spoke at the hearing.

Other proposed changes to the noise code address loud music: Music either inside or outside of the building "which has open windows or doors so that the amplified music or sound can be freely heard without buffering in the exterior of the premises," would be prohibited between midnight and 7 a.m.; music at those establishments played between 7 a.m. and midnight would require a music permit, the proposed code changes state.

Greenport Village Mayor George Hubbard said he had not yet seen what Bell had said and so, had no comment.