What can I do about second hand skunk smell?


JamesBondo
#1
Is there a way to legally deal with my neighbor's second skunk weed smell?
Here is what I know so far. The munipal laws don't protect my private premises but there are bylaws that prohibit secondhand smoke be it tobacco or weed in public places except in designated areas. The actual violation goes under the umbrella of 'public nuisance' bylaws.
There are private nuisance laws as well that protect my right to enjoy my private residence. It is ussually things like loud noises and noxious smells.
But does legal marijuana skunky smell qualify as a noxious smell? I might think so but judges are reluctant to award a claim of private nuisance to activities that otherwise are legal. So, No, unfortunately I don't beleive that I can stop my neighbors skunky weed from wafting into my bedroom on a hot night even though it is adversely affecting my enjoyment of my house.
Your thoughts?
 
JamesBondo
#2
I wish I had a citation but I remember seeing a law that stated it was illegal to germinate, grow, and or harvest legal marijuana plants - in a residential property? municipal property? ( I can't remember) - unless it is done 100% indoors. The analyst speaking about it was focused on the possibility that legalized pot plants in an outside garden are not likely to be permited.

So, any chance the definition of 'harvest' includes consumption? I don't think so but it would be nice.

If my neighbor was stinking up his house instead of my house then in my eyes there wouldnt be a problem
 
Twin_Moose
Conservative
#3
I believe it's 3 plants that can legally be grown for personal use, not positive though
 
petros
+2
#4  Top Rated Post
Four.

Bondo could use traps if he has a skunk problem. A call to animal control will get things "rolling".
 
bill barilko
+2
#5
If it's legal to to smoke in your building then you're SOL.

Or is it a private home on it's own lot?

In which case you're still SOL.

If course you could also talk to your neighbour and ask them not to smoke where the smell enters your bedroom but maybe you lack the necessary skills.
 
pgs
Free Thinker
+1
#6
Waaa . Is it any different from bbq ?
 
petros
#7
Quote: Originally Posted by pgs View Post

Waaa . Is it any different from bbq ?

Or garlic.
 
JamesBondo
#8
Quote: Originally Posted by bill barilko View Post

If it's legal to to smoke in your building then you're SOL.
Or is it a private home on it's own lot?
In which case you're still SOL.
If course you could also talk to your neighbour and ask them not to smoke where the smell enters your bedroom but maybe you lack the necessary skills.

I'm in a private home on its own lot. my neighbor is in a private home on his own lot. his tenants in a basement suite are smoking it up almost 10 times per day. The better the weed is the skunkier it gets, their weed smells like someone took a shit on a pile of dead skunks so it must be pretty good shit.
 
pgs
Free Thinker
+2
#9
Quote: Originally Posted by JamesBondo View Post

I'm in a private home on its own lot. my neighbor is in a private home on his own lot. his tenants in a basement suite are smoking it up almost 10 times per day. The better the weed is the skunkier it gets, their weed smells like someone took a shit on a pile of dead skunks so it must be pretty good shit.

Sure but there could be 10 spice eaters living in that space cooking salted Talapia every day .
 
JamesBondo
#10
Quote: Originally Posted by pgs View Post

Sure but there could be 10 spice eaters living in that space cooking salted Talapia every day .

just two guys. they are quiet
 
taxslave
Free Thinker
#11
Quote: Originally Posted by JamesBondo View Post

Is there a way to legally deal with my neighbor's second skunk weed smell?
Here is what I know so far. The munipal laws don't protect my private premises but there are bylaws that prohibit secondhand smoke be it tobacco or weed in public places except in designated areas. The actual violation goes under the umbrella of 'public nuisance' bylaws.
There are private nuisance laws as well that protect my right to enjoy my private residence. It is ussually things like loud noises and noxious smells.
But does legal marijuana skunky smell qualify as a noxious smell? I might think so but judges are reluctant to award a claim of private nuisance to activities that otherwise are legal. So, No, unfortunately I don't beleive that I can stop my neighbors skunky weed from wafting into my bedroom on a hot night even though it is adversely affecting my enjoyment of my house.
Your thoughts?

Help him smoke it.
 
taxslave
Free Thinker
#12
Quote: Originally Posted by pgs View Post

Waaa . Is it any different from bbq ?

Lots different. Burnt BBQ really stinks. also carcinogenic. Pot is neither. Although I had had weed of much better quality that does not stink at all.
Or maybe we smoked the incense by mistake.
 
pgs
Free Thinker
#13
Quote: Originally Posted by taxslave View Post

Lots different. Burnt BBQ really stinks. also carcinogenic. Pot is neither. Although I had had weed of much better quality that does not stink at all.
Or maybe we smoked the incense by mistake.

Is Dave there ?
 
JamesBondo
#14
I just got a pm from a well known member that does not wish to be part of this discussion. He suggests that I need to show that the smell is doing something well beyond being a nuisance. Like my wife has hypersensitive smell and it is causing headaches. Or he says approach the landlord/tenant angle of this. My neighbor the landlord has sort of created the situation by renting to a tenant.

What do you guys think? any wind in those sails?
 
petros
+2
#15
Nope. You are SOL. You aren't in a confined space. It's like living in a pulp town. You deal with it and go on with your life.
 
JamesBondo
+1
#16
Well I have a great big green bin that gets pretty stanky this time of year. Maybe I will move it further up my driveway so the bouquet wafts into their bedroom window.
 
taxslave
Free Thinker
#17
Quote: Originally Posted by pgs View Post

Is Dave there ?

Hey Dave.. You here? Dave??
Nope. Dave's not here.
 
Curious Cdn
Conservative
#18
What can I do about second hand skunk smell?

Bathe every once in a while.
 
taxslave
Free Thinker
#19
Quote: Originally Posted by JamesBondo View Post

I just got a pm from a well known member that does not wish to be part of this discussion. He suggests that I need to show that the smell is doing something well beyond being a nuisance. Like my wife has hypersensitive smell and it is causing headaches. Or he says approach the landlord/tenant angle of this. My neighbor the landlord has sort of created the situation by renting to a tenant.
What do you guys think? any wind in those sails?

I doubt it. Since there was nothing that could be done even when pot was illegal. Your best bet is to tactfully ask them if they could try some different kinds of weed that don't stink as much. Maybe point out to them that smell doesn't necessarily equate to quality.
 
MHz
#20
Quote: Originally Posted by JamesBondo View Post

Your thoughts?

Buy a ozone generator like this and leave it plugged in. Ut will kill all odors and calm you the fuk down so mile-hill never become mountains.


Something about this small (only 110V rather than 12V)would do a bedroom and plug in and forget. The 'bigger ones' need more attention, start small and work your way up to making ozonated oils.
 
MHz
#21
Quote: Originally Posted by taxslave View Post

I doubt it. Since there was nothing that could be done even when pot was illegal. Your best bet is to tactfully ask them if they could try some different kinds of weed that don't stink as much. Maybe point out to them that smell doesn't necessarily equate to quality.

Give him the actual words he can read to them, . . . . (you are an asshole and it will be reflected in 'your solution')
 
JamesBondo
#22
Quote: Originally Posted by MHz View Post

Buy a ozone generator like this and leave it plugged in. Ut will kill all odors and calm you the fuk down so mile-hill never become mountains.
Something about this small (only 110V rather than 12V)would do a bedroom and plug in and forget. The 'bigger ones' need more attention, start small and work your way up to making ozonated oils.

I dont know if you can leave an ozone generator plugged in. Dont you have to leave the room while it does its magic?
 
Curious Cdn
Conservative
+1
#23
Quote: Originally Posted by JamesBondo View Post

I dont know if you can leave an ozone generator plugged in. Dont you have to leave the room while it does its magic?

read this.

http://www.epa.gov/ground-level-ozon...zone-pollution
 
Danbones
Free Thinker
+1
#24
Effects of an ozone-generating air purifier on indoor secondary particles in three residential dwellings.
https://www.ncbi.nlm.nih.gov/pubmed/16268833

NIH is the go to website for real scientific answers. Especially if you want answers that apply to your actual reality.

...and not the one created by the sun outdoors...^ (Pssst, wink, nudge, haha )

" Results indicate significant increases in number and mass concentrations for particles <0.7 microns in diameter, particularly when an ozone generator is used in the presence of a terpene source such as a pine oil-based cleaner. These results add evidence to the potentially harmful effects of ozone generation in residential environments."

You won't find proper information like that in pseudo intellectual fakenews post(s).
Last edited by Danbones; Jul 14th, 2019 at 07:36 AM..
 
JamesBondo
#25
Back on topic. My best bet would be to find a way for municipal law to consider it a private nuisance.

I need some case law from my city...

independant taxi driver gets charged for coming and going from his own driveway at all hours of the night. Normally coming and going from your driveway would not be a private nuisance except his neighbor properly documented that it was:
1)frequent and excessive,
and
2)the activity was income driven rather than the taxi driver actually exercising his own right to enjoy his private property.
 
pgs
Free Thinker
+1
#26
Quote: Originally Posted by JamesBondo View Post

Back on topic. My best bet would be to find a way for municipal law to consider it a private nuisance.

I need some case law from my city...

independant taxi driver gets charged for coming and going from his own driveway at all hours of the night. Normally coming and going from your driveway would not be a private nuisance except his neighbor properly documented that it was:
1)frequent and excessive,
and
2)the activity was income driven rather than the taxi driver actually exercising his own right to enjoy his private property.

Maybe try smoking it . All it can do is kill you , lots of other things do the same .
 
Danbones
Free Thinker
#27
...or just stink too.
 
JamesBondo
#28
I don't want my neighbor's weed. I think it is his right to smoke it in the privacy of his house and not share it with me. he likes the smell, i think he should share the smell with his family and his closet full of work clothes.
 
pgs
Free Thinker
#29
Quote: Originally Posted by JamesBondo View Post

I don't want my neighbor's weed. I think it is his right to smoke it in the privacy of his house and not share it with me. he likes the smell, i think he should share the smell with his family and his closet full of work clothes.

I donít disagree yet at the same time I donít disagree with the neighbours right to enjoy his yard .
 
JamesBondo
#30
Quote: Originally Posted by pgs View Post

I donít disagree yet at the same time I donít disagree with the neighbours right to enjoy his yard .

Interesting enough he is not allowed to germinate grow or harvest in his yard. the municipal by laws say that has to be done 100% indoors or inside a greenhouse.And they FAQ website (which is not the actual by law) says this is to help reduce smells that the neighbors have to endure.

So really, allowing the guy to smoke the stinky shit in his yard is not consistant with the rest of the by laws.
 

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