But isn't a certain distance between the the kerb and your property boundary, actually public property ??? Such as where the public utility would locate a footpath. If that is the case, and he is standing and smoking on that strip then he has a perfect right to do that legally. Not morally mind you, as you have expressed your concerns to the nursing home.
If he were standing on public property, and you stuck the hose on him, he could have you charged with assault....because he is doing nothing illegal.
Perhaps the better way to go, is to seek out the people who actually own the nursing home, or senior management, and express your concerns to them.
Tell them that your health is suffering because of that guy smoking in close proximity of your house.
And why doesn't the nursing home provide an area specifically for smokers....they do here in Australia.






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