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originally posted by: M4ngo
originally posted by: wishes
Just to give another perspective, what if this guy had a hive of bees in his backyard and the bees kept flying into the neighbors yard? Does the neighbor then have the right to demand he keep his bees out of their yard? What if the neighbor is sensitive to gas smells, or is a vegan and can't stomach the smell of meat cooking? What happens to the neighbors right to quiet enjoyment of their home?
Of course he can't 'keep' the smell in his yard, but that's not the point - the point is an activity he is doing is causing his neighbor to react and the neighbor has a right to quiet enjoyment. That's less big brother and simply a rule to try and help everybody have quiet enjoyment of their own home/property and not have to endure invasions of any kind from neighbors.
Burger King, etc. smells, if they are wafting into a neighbors private home and upsetting the person they could probably pull the same ordinance, but usually these are in commercial areas anyway and not neighborhoods.
I used to be a property manager in Canada and this ordinance is everywhere that I know of - the ordinance rules are there so that a property owner can have recourse if a neighbor is somehow ruining their enjoyment, be it sound, -smell, pests, pets doesn't matter - it's not some big conspiracy, it's just a rule to help ensure one person isn't deluged by another on private properties.
It's possible the neighbor is being totally unreasonable, but they still have the right to not have to endure smells from a neighbor they don't want to endure. Without that law, a neighbor could burn animal bodies without recourse, keep bees, have dogs roaming everywhere, play loud music 24/7, throw old oil over the fence, etc. etc. ...
Just to give you some perspective: Will the Federal Government remove the train tracks that are right next to my house that keep me up in the middle of the night while I am trying to sleep? No. Will they remove them because I find it a nuisance? No. What if I am already deaf in one ear, and this train's horn causes me to go deaf in the other? Nothing will happen. The train's noise pollution is a hell of a lot worse than this man trying to cook some food. You're ridiculous.