In People v. Lonberg , Matthew Lonberg was convicted of "two charges of keeping an animal which caused prohibited noise."
The Justice Court of the Town of Orangetown, Rockland County, found Lonberg in violation of two local laws which barred continuous and "unusually disturbing noises" that disrupted the comfort of people in the area.
During the course of the nonjury trial, evidence was presented that over several days -- June 25 and 27, 2004 -- neighbors heard load croaking and squawking sounds supposedly caused by a bunch of peacocks Lonberg kept on his property.
On appeal, the Appellate Term, Second Department, overturned the convictions.
Apparently, the June 25th complaint didn't allege the disturbance was "frequent" or "long continued" as required by local law. Nor was there sufficient evidence the noises heard on June 27th were made by any of the peacocks (which hadn't been seen on that date).
Was that effort as vain as a peacock?
To download a copy of the Appellate Term's decision, please use this link: People v. Lonberg