Neighbor's Cigarette Smoke - Both Homeowners

I own my house and my solo next door neighbor, also a homeowner, has recently taken to smoking cigarettes outside. Per usual Bay Area living, our homes are pretty close to each other so no matter where they smoke outside, the residule results come both into my yard and worse, into my home. During summer months, windows and doors are left open to air out the home or give way to my deck where I love to spend hours with a garden I tend to year round and amazing views. It's also a place my pets safely freely roam between interior and exterior space.  It's truly my magical space... until the neighbor decides to light up.

Doing some research, it seems the current smoking ordinances seem to only apply to multi-unit buildings/condos or businesses where smoking is not allowed within 25ft of an entrance. Ironically, the distance from where the neighbor smokes and my open doors or windows is probably 30-35 feet, but it still comes in!

I am at wits end. I cannot be outside either in my front or back yard OR leave windows open without encountering the waft of toxic smoke. My neighbor is not exactly great with any kind of confrontation and I am certain any gesture to point out what they're doing will not land well. And worse yet, my husband thinks the neighbor can do what they want and does not support my concerns - another blow. Thoughts?

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My husband is also very passive about neighbor stuff so I feel you. I have not encountered this exact situation but I would just go over there and ask for a minute in person. Let them know that while you understand they have the right to smoke, it really bothers you and affects your health. At least then you will have shared what's happening. What they do next is up to them. 

I would put fans (pointed blowing out) in my windows adjacent to the smoking neighbor. The low (quiet) setting may be fine. And bring a fan outside to blow away from you when you sit in your backyard.

You could also implement a smoke air filter at the entries to mitigate second-hand smoke.

I have asthma so I feel you!

Good luck

To me, this sounds like a ventilation problem, and I would consider focusing your efforts on fixing it with ventilation, rather than hoping you might change your neighbor's behavior. Truly, where else can smokers smoke these days? It's kind of their own back yards or nothing. I have to admit, I am with your husband on this one. It would be inappropriate for you to ask your neighbor not to smoke in their own back yard, especially given how far it is away from your house. That said, you also have a right to breathe clean air in your house and yard. 

Some ideas... could you use strategically placed window fans to keep the smoky air from coming into your house - pull air in from the side of the house that is farthest from the smoker and push air out on the side of the house that is nearest? Could you talk to your neighbor about it and ask them if they would be OK with you buying a fan that they could turn on while they are smoking, set up in such a way that the smoke will blow away from your house/yard? Could you buy some high-powered fans for your own deck or backyard and deploy them when the smoke starts? Given what you are describing, it's hard to fathom that there isn't a technical solution to this problem, especially if you remain on good terms with your neighbor and make it clear that you are not trying to tell them to stop smoking in their own back yard. 

WOW why don't you just reach out to your neighor? Be friendly. Welcome your neighor into your backyard, to sit down, with cake and tea, or a beer, or whatever. Peacefully, brake bread, ask your neighbor, how he is doing, and then gentley tell your neighbor, your concerns about the tobacco smoke. (Generally a lot of people smoke under stress.)