Oh really?
How do you feel about applying the same outcome against a neighbor who habitually uses too much garlic while cooking?
Or prepares oriental dishes which I have experienced the smell of which literally makes other people sick?
Here, in California, I have seen a bad societal situation get infinitely worse: the state legislature with no credible scientific basis whatsoever, has decreed that "second hand" smoke is toxic.
This allows TV commercials to start showing making that exact statement, These commercials, of course, are prepared by the huge parasitic industries created to use the "big tobacco" hundreds of millions$.
Beats getting a real job!
I'm all for the rights of non-smokers not to have to smell their neighbor's noxious odors. Cigarette smoke is the worst.
When you buy property, you never really own it.
What you acquire is a "bundle of rights".
Among these are usually something called "quiet enjoyment"...apparently that one is gone.