You got that. Of course the 9th doesn't cover their right to burn candles, charcoal or propane gas around others.
Take a look at the 11th, there you will see it is the right of the property owner to allow tobacco burning on his property.
Strange interpretation.
Coming in really late on this, but I would LOVE to make adjustments to that 11th with an eye-opener that SMOKE DRIFTS... so there is no such thing as someone smoking on their property keeping the smoke on their property. In close residential communities and neighborhoods, if one is smoking on his/her property, or even in their home with the windows open, that smoke is not remaining with them, it's drifting right into their neighbors window and property, and it's creating a nuisance, to anyone allergic, or sensitive to it! Those who have anosmia (no sense of smell) are even more in danger of it because they don't know they're breathing that harmful stuff. I wonder when they're going to catch on and be more realistic about this, that SMOKE DRIFTS! There is no way to keep smoke in one place, unless the smoker was smoking in their home with the window SHUT! This should be added to the local town ordinances, just like noise is a disturbance to the peace during night time hours, so is smoke! I am not only allergic to it, I am bothered by the smell of it. It smells so deadly, so cold, so toxic! And it is my right to not want to breathe it... especially during the night when I'm trying to sleep!
The only rights smokers have is to destroy their own health, but not to destroy the health of others around them!