Do I as a mother have the right to ask my next door neighbor to not smoke on her porch?

Question

Twice in the past month I've been out on my porch with my 6 month old son swinging...this time he was on the verge of falling asleep..when my neighbor lady comes out on her porch that is maybe 10 15 feet away and starts smoking!
I have taken great lengths to avoid second hand smoke for my son. So I am sitting there and can smell it so I take my son in. But is this right? Could I ask her not to smoke when my baby is out on the porch? I shouldn't have to run from my front porch everytime I am out there.

Answer 1

It's outside. I take it you're in a fairly well-populated area. Smoke? Car exhaust? Smog? It's all there; even stuff you can't see or smell that, in high enough concentrations, can be harmful. The key word is "concentration". Contaminants in the air are measured in parts per million ... parts per billion .. even parts per trillion. You have the entire immediate atmosphere to dilute and dissipate her smoke -- yes, you can smell it as it wafts past your face, just like you can smell the diesel exhaust from the bus stopped outside. What you're breathing in of that is tiny, tiny, tiny amounts. Do you avoid taking your son outside at all for fear of him breathing in other stuff (on a normal day, that is, not when there's a house fire going on across the street...)? Of course not. You use common sense.

Bottom line is, it takes a whole lot more concentration and/or continuous exposure than he will ever get from ONE cigarette smoked outside by your neighbor occasionally to amount to a greater health risk than if she didn't.

Don't get me wrong; limiting kids' exposure to cigarette smoke as much as possible is absolutely the right thing to do. But also take into consideration the environment. You wouldn't take him into a smoke-filled room, of course, and asking people not to smoke around him indoors is perfectly appropriate. In this case, though, you may be better off just shielding the swing from the direct path of whatever smoke wafts over than confronting your neighbor for doing something she has every right to do.

Answer 2

Sadly nobody has the right to ask someone not to smoke on their own property. I dont let my son around smoke either and he is almost 3. I avoid smokers as much as possible. If you and your neighbor are good friend you could say "hey yanno when Im on on the porch with the baby sometimes your smoke comes over and gets in his face" she will either say omg sorry I will try to smoke off the porch on the steps or something or she will get really bitchy. SO either enjoy your smoke free time alone and when she comes out go in or say somethign and hope for the best. You cant make someone stop smoking on their property it is their right, but if its mentioned maybe she will do something on her own. Good luck.

Answer 3

See if you can sign a 3 months lease with your aunt or come up with some sort of arrangement that will work for both of you. I lived in Sydney, which is a huge city, like New York, for three years in a great apartment, which was owned by friends. We were not sure when we would leave, so they kept the lease open. When we finally did move out they found new tenets in about a week. Something like that could work for you. What's her deal? Why is she so ridged about you signing a lease? You should tell her the truth, that unless the neighbours move out, your not committing yourself to anything, why should you? Tell her how it creates an unsafe environment for your family. In the meantime, you could always make some anonymous phone calls to the police about domestic abuse, partying until all hours of the night, pot smoking, ect. There are also ordinances about noise violations during certain hours. You should be able to find them at your city hall.

Answer 4

Maybe there is a compromise to be found. If you and your son are outside mostly between 3 and 4 in the afternoon, you might could ask her not smoke outside during those times, or maybe she could smoke out front if you're out back. Unfortunately, everybody is right - you can ask; but she can refuse and then you run the risk of offending her...but let me relate this story...

My husband had an old motorcycle that was left to him by his cousin. He was working on getting it running anytime he could - except after the sun went down - and it could get pretty noisy. Our new neighbor had a little boy who napped a couple times a day and she came over one day and asked (very politely) that my husband not work on the bike during those specific times. It was not a problem for us - we were more than happy to compromise with her; of course it didn't hurt that she brought brownies over at the same time! I hope this helps!Good luck!

Answer 5

Think about alternate ways you could avoid the smoke coming to your porch and the baby, can you close that side of, with shutters of some kind,or a roll down shade etc. Then ask her nicely, saying you do not want to offend her, however you would appreciate her not smoking there when the baby is out since the smoke blows in your direction If she turns uncooperative you have your other option. It is worth a try, however they are addicted to the nicotine and it is difficult to give the smoking up. Offer a chance to help, if she is willing and help her to learn to knit or crochet etc. in order to be smoke free. Best of luck.

Answer 6

In general I think it's great that you are doing all you can to prevent your baby from being exposed to second-hand smoke. But if your neighbor is smoking outdoors on her own property, your son is really in no danger of being affected by this. The actual exposure is almost nonexistent. Naturally if she comes over to YOUR porch, you would be well within your rights to tell her to put out her cigarette.

Answer 7

You have as much right to ask her not to smoke on her porch as she does asking you not to swing your child outside on yours. Grow up shes at her own home in her own yard. Maybe consider moving to a non smoking neighborhood or apartment. She shouldnt have to run from her front porch because of you either. Your both outside for GOD sakes its not like hes breathing the second hand smoke... get a grip.

Answer 8

Its her right to smoke on her porch, you could ask her but I doubt she'd really care she doesnt have to time her smoking around your day. Sorry not trying to be rude. I also avoid second hand smoke w both my children if my son who is 11 months old is outside and a neighbor is near him that lights up I move my son or take him from his dad if his dad is holding him. You'll just have to move your kid or stop complaining she has a right to smoke on her porch

Would be like me asking my next door neighbor not to smoke in his back yard since our fences meet if my kids were out there

Get real honey

Answer 9

you have no right to ask her that. you could try, but don't be surprised if she says no. as long as she is on her property, she has every right to smoke. as long as the law allows smoking on your property, you can do nothing. give it time though, the way things are going, you won't be allowed to smoke on your property.

that being said, i smoke and have 2 children. i don't smoke around my kids, in the car and i wear a coat (no matter what the season is) so i don't smell like cigarettes. when i'm smoking in public, i walk away from any children, it's my choice to smoke not the child's. (yes, i quit with both pregnancies)

i understand your concerns, even being a smoker, i don't like my children around it.

Answer 10

Have you spoken with her before? Is she a resonable person who will understand your concerns? If so, then go for it.

Otherwise, get a fan for your porch and point it towards hers and then turn it on when you are out at the same time to blow smoke away from you and the babe.