<P> The US Supreme Court has addressed the issue of too much regulation by defining overbreadth as: A clear, precise enactment may nevertheless be overbroad if, in its reach, it prohibits constitutionally protected conduct . One means to avoid being overbroad is by having provisions that are specific so that potential violators are given fair warning of what is prohibited . In one case the court ruled that the specificity of the city ordinance (Section 17 - 35) regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech . </P> <P> Nuisances are part of tort law . Torts are civil wrongs whether intentional or accidental from which injury occurs to another . Nuisances can be public or private . A public nuisance is an unreasonable interference with a right common to the general public while a private nuisance is an interference with a person's enjoyment and use of his land . Black's Law Dictionary defines a nuisance as...that which annoys and disturbs one in possession of his property, rendering its ordinary use and occupation physically uncomfortable to him . It defines a private nuisance as:...anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another . As distinguished from public nuisance, it includes any wrongful act which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof, or any act which unlawfully hinders them in the enjoyment of a common or public right and causes them a special injury different from that sustained by the general public . The word nuisance is connected closely with the word disturbance which is used extensively in many noise ordinances . A definition below further restricts the meaning to noise disturbance . Nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact . </P> <P> Care must be taken in writing a subjective noise provision so that it overcomes the objections listed above . Care must be taken when writing an objective noise provision to make sure that the sound levels are physically realizable . For example, requiring the maximum sound level of an automobile to be 40 dB (A) or the maximum sound level in a residential zone to be 30 dB (A) opens the provision to an enforceability challenge </P> <P> Confiscation is the taking of private property for public use without compensation . It may occur legally when the government seizes property used in illegal practices . Confiscation may occur without an arrest of a person because it is seen as an arrest of property, rather than a person, and the necessity of finding a party guilty is not required in all cases . In many cases, the guilt or innocence of the property owner is irrelevant and the government need not prove anything beyond a reasonable doubt . In order to seize property, there must be either a warrant or a showing of probable cause . The mere showing of probable cause to support the forfeiture of an individual's property has been a controversial issue . Court opinion varies, but probable cause most often means that the government need only demonstrate reasonable grounds for the belief that the property is properly subject to forfeiture, which can be supported by something less than prima facie proof, but more than mere suspicion . The Peoria, Illinois noise ordinance (Sections 15 - 75 and 15 - 77) allows confiscation of vehicles that emit excessive sound caused by sound producing devices . Colorado Springs, Colorado (Section 9.8. 102) permits confiscation of sound producing devices . </P>

The noise level in db during day for residential area shall be
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