Mayor Wendell Tripp told the trustees that the village had until March 1 to decide if they would appeal the decision rendered by Wolff.

In his decision, Wolff called the village's noise ordinance vague.

"The court finds no objective standard in the village ordinance that a citizen of ordinary intelligence could rely on to assure himself that he is abiding the law," he wrote.

According to Wolff, the law's vagueness renders the ordinance susceptible to arbitrary and discriminatory enforcement.

"One could reasonably conclude that every citizen of the village could potentially be charged under section 6.8 (E) (9) upon the whim of a single police officer, neighbor, competitor or antagonist who believed a noise to be 'loud,' 'unnecessary,' 'unusual' or who was 'caused discomfort' or 'annoyance,"' Wolff wrote.

Tripp said the decision was a matter of concern because the law was modeled after Oneonta's as well as the ordinances of many other communities which seem to be able to enforce the law.

Trustee Stu Taugher presented a motion to not appeal the decision which was seconded by Tripp for discussion. "We haven't much luck with appeals," said Taugher.

Tripp agreed, "we don't have much luck with courts at all."

The village has struck out in court recently in the noise law decision and in instances with the zoning law when property owners contested violations they served.

"I don't see the sense in appealing. It's simpler to change the law," Tripp said.

The mayor said the village can see what could be done to change the wording to make it acceptable to the court, but because of the expense, it is not worth appealing Wolff's decision.

Tripp said that as a matter or principle he would appeal it, but as a practical matter, he would not.