What is considered a smoke nuisance?
Asked by: Prof. Zachary Weissnat | Last update: May 4, 2026Score: 4.9/5 (2 votes)
A smoke nuisance is smoke or fumes that unreasonably interfere with the use, enjoyment, health, or comfort of neighboring properties or the public, often involving persistent, dense smoke from activities like bonfires or solid fuel heaters that drifts onto other properties, especially when inappropriate materials are burned. It becomes a legal issue when it goes beyond normal occurrences and significantly disrupts someone's environment, often defined at state or local levels, with common examples including secondhand tobacco smoke drifting into homes or smoke from backyard burning affecting neighbors.
Is smoking considered a nuisance?
Because secondhand smoke is injurious to health according to most experts, many states and local governments, even low levels of exposure can be considered a nuisance.
What is a nuisance in Utah Code?
Nuisance As Defined In Utah Code Annotated Section 78-38-1(1): Anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
Can neighbors complain about cigarette smoke?
Depending on your state, cigarette smoke may be considered a nuisance and can be actionable on your part. That means you can sue him and the community. That's one way to go. Even if you won, however, you would most likely only win the right to terminate your lease early and move out.
Can you do anything about neighbour's cigarette smoke?
Seek formal remedies: file a nuisance complaint with local health or housing authorities, or request accommodation under disability/health laws if smoke exacerbates a medical condition. Consider mediation: community mediators or building-run dispute resolution can produce agreed boundaries without court.
Nuisance Smoke Examples
How to deal with cigarette smoke from neighbors?
Talk with your neighbors about your exposure to secondhand smoke. If you know where the smoke is coming from and feel comfortable talking with your neighbor about it, see if an agreement can be reached about where and when they smoke. Try to be calm, polite and offer solutions.
Can I complain about neighbours' smoking?
As a Court of Law, the Community Disputes Resolution Tribunal (CDRT) requires a claimant to present "sufficient evidence" to show that their neighbour's excessive smoke and smell causes "unreasonable interference (to their) enjoyment or use of place of residence", he added.
Is there anything you can do about neighbours smoking?
This may depend on where the smoking is taking place. If the neighbour is smoking in their garden, then there is very little you can do to stop the smoke wafting over into your garden. If the neighbour is smoking cannabis on a regular basis, the police may be interested and may visit the neighbour to stop the activity.
What are two rights of nonsmokers?
NONSMOKERS have the right to breathe clean air, free from harmful and irritating tobacco smoke. This right supersees the right to smoke when the two conflict. NONSMOKERS have the right to express - firmly but politiely - their discomfort and adverse reactions to tobacco smoke.
Will the police do anything about my neighbor's smoking?
According to California's Civil Code, anything that obstructs the free use of property and interferes with someone's life or property is a nuisance. “Since smoking marijuana on your own property is now legal, this cannot be resolved by calling the police as a criminal matter,” Rosenthal said.
What makes a nuisance unreasonable?
Courts use several factors to determine reasonableness including whether the plaintiff had the property before the nuisance began, the level of harm versus the usefulness of the defendant's activity, and whether the action would be annoying to the average person.
Is it illegal to flash your headlights to warn of police in Utah?
It's important to note that while headlight flashing is not explicitly illegal, it could lead to a traffic stop, and if other violations are observed, such as DUI/DWI, further charges could be issued. Drivers should exercise caution and be aware of the potential legal implications of headlight flashing in Utah.
How can I prove my neighbor is smoking?
A cigarette smoke detector is a specially-designed sensor device that property owners can use to detect cigarette smoke indoors. Cigarette smoke detectors continuously test the air quality in enclosed areas, searching for signs of tobacco smoke and will alert owners if smoke is identified.
Is it illegal to smoke in your own backyard?
In California, state law does not explicitly prohibit smoking on private residential property. However, many local municipalities have enacted their own stricter ordinances that can restrict or prohibit smoking in private yards.
Can my neighbors smell me smoking cigarettes?
Secondhand tobacco smoke does not respect boundaries, seeping through light fixtures, wall electric outlets, ceiling crawl spaces, and doorways into all areas of a building with smokers. Secondhand tobacco smoke cannot be completely controlled by ventilation, air cleaning, or the separation of smokers from nonsmokers.
What can I do if my neighbor won't stop smoking?
Public Health Department: If the smoke violates local smoke-free laws or poses a health risk, contact your local public health department or housing authority to inquire about lodging a complaint. They may conduct an investigation and take action to enforce local laws.
Do smokers have the right to smoke?
No. Legally, people don't have a right to take a smoke break at work, even outside the building. While it's up to employers to decide if they'll allow smoking during work time, they can also lawfully enforce a smoke-free workplace. In fact, courts have ruled that workers can be sacked for breaking no-smoking rules.
Is secondhand smoke a nuisance?
Scientific research over the last decade has increasingly demonstrated that exposure to secondhand smoke is not simply a nuisance; it is deadly. Secondhand smoke exposure causes multiple diseases in children, including asthma and pneumonia, and results in thousands of avoidable hospitalizations.
Can neighbours complain about cigarette smoke?
If you have tried speaking with the neighbour and the issue isn't resolved, report it to your local council. Second-hand smoke is a nuisance and a hazard and should be treated the same as noise complaints. You can also try contacting your local health district to see if they can help resolve the issue.
Can you complain about neighbours' smoking?
Sue Your Neighbor for Nuisance
Even if the smoker doesn't live under a no-smoking restriction, you might find a court to be sympathetic if you sue for creating a private nuisance (interfering with your ability to use and enjoy your property).
Can I report my neighbour for smoking?
Councils can investigate smoke coming from premises that is classed as a statutory nuisance, this is outlined in the Environmental Protection Act 1990.
Can I stop my neighbour from smoking in their garden?
A statutory nuisance can not be created if the issue is caused by "reasonable use". It is considered reasonable for someone to smoke within their own home and in their garden. This however can be pursued as a civil matter which the council would not get involved with.
Where to report people smoking?
- Get the name and address of the designated non-smoking area you're in.
- Snap a discreet photo of the person smoking on the premises. ...
- Make sure to note the time and date of the photo.
- Report your information to MOH via WhatsApp at 010-8608949 or the operations room at 03-88924552 (office hours only)