(AP) - It's what kids do: squeal in delight when they're having fun. But to some Bayville residents those squeals were unwelcome noise, and they wanted two neighborhood girls to pipe down when they're playing in their backyard pool.

But the complaints fell on deaf ears Wednesday night when Bayville's acting village justice agreed to a joint motion by a prosecutor and a defense attorney to dismiss 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 told reporters who converged on the bayfront village to chronicle the brief court proceeding.

Earlier in the day, Poczatek said he was shocked when he and his wife were slapped with a summons. Sure, he said, Ashley, 11, and Chloe, 5, 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 village ordinance they were accused of violating 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.

Neighbors in this posh community on Long Island's north shore who complained about the noise did not speak with reporters after the court proceeding.

Earlier, neighbor Sheila Brown said the children's squeals were not your usual brand of merriment.

"I have five dogs," Brown said. "Five dogs don't make this much noise. This is not something that started yesterday. They have been asked politely, but this is an ongoing issue far beyond children just playing in the pool."

Campanelli countered that a 74-year-old next-door neighbor of the Poczateks had nothing ill to say about the racket.

"Not everybody is complaining," he said.

After leaving the courtroom with his family, Poczatek did offer a conciliatory message: "Yes, we will try to keep them quieter."

That test begins Thursday, the first day of summer.

To watch complete interviews with the Bayville children accused of being too loud, go to channel 612 on your iO digital cable box and select iO Extra.

Related Information: Kids in backyard could send Bayville couple to jail