someone's second hand smoke.and my baby  

I'm a new mom to a 9 week old. We live in a place where the temperatures really climb in the day but are much cooler at night. We couldn't afford air conditioning before the baby so we got a whole house fan that really works wonders whenever the outside temp is cooler than inside. We have really enjoyed it until we started smelling cigarette smoke in the house all the time.

It turns out we have a chain smoking neighbor who lites up a a few every hour or so...all day and in the oddest night time hours.... 9 pm, midnight, 2 and 4 in the morning... i know this because it wakes me up because it reeks and because I don't want my baby breathing it in or becoming familliar with the stench and associating it with home.

I cant figure out which of the three upwind neighbors are smoking or if its more than one neighbor or person... I've gotten so peeved I've yelled out into the backyard for them to smoke somewhere else where it wont waft into my house but I don't think they care.

Now we have very hot weather and the only means we have offf cooling down makes our house stink and brings second hand smoke to my baby.

I don't think I have any legal rights and I don't want to go knocking on doors searching for the offender.

Does anybody have any ideas? I really hate smoking and the odor and I go crazy smelling it all throughout my house.

The way the fan works is that it is mounted in the hallway ceiling and it sucks in fresh, cool air from the outside through our windows by creating a vacuum, it then pressurizes the attic air and forces it out through the attic vents cooling the house and attic simultaneously. It doesn't work in reverse the blades aren't contoured for that and the attic air is always hot.

Ive thought of that... it would have to be several very powerful fans mounted up high...I don't think even that would help since the breeze blows toward our yard from the smokers. I am considering getting a ridiculously bright spot light for the night time that I can turn on when I smell the cigarettes and point it toward the breeze. Maybe they'll walk to a different spot in their yard to get away from it and figure out it only goes on when they smoke unless we cant smell it....

We have a small room ac and I still smell the smoke through that.... its just awful to smell that through my whole house and know the baby is breathing it.

I know the responsibility to take action is mine...that's why I am being proactive and also asking for ideas. The harrassment goes either way depending on how harmful you perceive smoking to be. California is not a smoker friendly place...we have a ton of prohibitive smoking laws and pioneered many. Smoking is hazardous to the smoker and anyone around....I think my yelling out of frustration that someone is smoking within 10 feet of my windows and newborn is a little less hazardous to the health of others than the smoke is.

My property rights defend my safety from toxic substances....so I do have the legal upper hand.