MORRISTOWN — The town is retaining code enforcement, unlike a Western New York community also facing off with the Amish over building codes.

Councilors let a July 1 deadline pass for turning over code enforcement to the state. The move would free the town of the controversial task of citing members of the simple agrarian faith with violating laws they say go against their religion. Town Attorney Andrew W. Silver looked into it after learning that the town of Conewango, Cattaraugus County, did so.

"At this point, the town is going to wait and see what the decision is from Judge Phillips and then go from there," Mr. Silver said.

Morristown councilors would have been under the gun, having little more than a month to research and weigh the benefits of abandoning code enforcement. The idea gained little traction in May when Conewango's decision surfaced. Morristown Supervisor Frank L. Putman said at the time that walking away isn't a solution.

Conewango councilors came to the decision after more than three years of battling the Amish over smoke detector and building paperwork requirements.

"They have assigned an investigator who lives quite a ways away from the town. It's in excess of 50 miles," said Ronald D. Ploetz, Conewango town attorney. "There's going to be some inconvenience on all sides. The town still feels it was the only option they have."

Under state law, counties take over code enforcement duties Jan. 1 if a town or village opts out by July 1. It becomes the state's responsibility if the county also has declined to enforce codes. Most opted out when state codes were passed in 1984.

Morristown Judge James T. Phillips Jr. is considering motions to dismiss charges against 11 Amish men accused of building and moving homes without permits. Their attorney is asking for dismissals based on the freedom to exercise religion.