The Ongoing Saga of The Annoying Leaf Burning Neighbors

I swear, just looking at this pile burning makes my lungs hurt.

The past few days were just downright gorgeous here and I spent most of Friday and Saturday working in the yard, turning beds, moving around plants, raking and getting ready to plant.  The hubby and I raked the front yard and carried those leaves to the curb for trash pickup, but the backyard is much larger, and has lots more ground and lots more leaves. Those leaves we mow over with the bag on the mower and then spread the mulched leaves in the gardens along the fence line. When my husband tried to crank the mower late Friday afternoon though, it wouldn't turn over, so he had to run that to a friend to do carburetor work.

Southern Style Hissy Fit Ahead Warning:

Well, the annual struggle with the leaf burning out here where we live, but most especially with the Annoying Leaf Burning Neighbors closest to me, has begun again with the spring shedding of our oak trees out here.  We are in the county, where it is not illegal to burn, but the area we live in is not rural county with acreage around neighbors, but is a typical subdivision where houses are right next to one another, like any other suburban neighborhood in the city. All of the lack of rules, regulations, ordinances and protective covenants that apply to people who do have acres of land between each other, also are missing for those of us who live right on top of each other. It's a nightmare.

Saturday morning I canvassed the neighborhood pleading my case with the neighbors in the houses surrounding mine, to talk with them about my personal health issues with leaf burning, and leaving behind a flyer about how leaf burning affects my ability to breathe...

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... and attached to that, was a separate document from the EPA that outlines the specific air pollution, health problems, and fire hazard risks associated with residential leaf burning. I guess I went by about 30 or 40 homes in the blocks surrounding our house.

Read this on the EPA site.

The Annoying Leaf Burning Neighbors closest to me weren't home, so I left one rolled up in the gate of the chain link fence that encircles their front yard. Last year either my husband or I told them on 4 separate occasions when they burned, how sick it was making me. We also told them that the smoke was seeping into our attic vent, and into our house, making it impossible for me to escape it.

The 4th time I was told by Annoying Leaf Burning Neighbor Wife to "get over myself" and that she "had no intention to stop burning her leaves."  Yes! She said that! She burned leaves 8 more times in the next month and a half, making me sick for more than two months, and remember ... this is a small, suburban lot. She burned leaves 12 times over a 2 month period on a small suburban lot. Her own son later apologized to me and told me that the excessive burning that she did was on purpose to antagonize me, making it both malicious and intentional.

Late last night, when I was watching television, Annoying Leaf Burning Neighbor Wife was on her way out and apparently stopped by and dropped this off on my door. It's a copy of the back of the flyer that was attached to the EPA document.  My front door was wide open at the time, so she could see through the glass door that I was home and awake, and could have very easily knocked on the door and talked with me, but she just left this instead.

Now, to be honest, I like to think the best of most people, so I thought that maybe she really wasn't aware of the health issues related to residential leaf burning, namely:

☠  The toxic, irritant, and carcinogenic (cancer-causing) compounds released in leaf smoke.

☠  Or that leaf smoke also contains carbon monoxide.

☠  Or that these microscopic particles can reach the deepest regions of the lung and remain there for months or even years, and even cause lung cancer.

☠  Or that a substantial portion of the hydrocarbons in leaf smoke consists of polynuclear aromatic hydrocarbons, some of which are known carcinogens (cancer-causers).

Reading this document from the EPA, I really thought that as an RN, she might then have a pang of consciousness and perhaps even some empathy for the health problems and illness she was causing me.

I also thought that being a breast cancer survivor, she might appreciate learning about the toxins and cancer causing properties that burning leaves puts out and be concerned about a recurrence of her own cancer.

I thought she might have concern that she was affecting the health of another family on the other side of her, or another across the street from her, both of whom have several young children.

I thought she might have concern about her own grandson who lives with them full time with his daddy.

Nope. All she was concerned about was this.

That it is not illegal.  And that by me asking her to use another alternative to burning, that I am harassing her.  Oh, yes, and this...

Okay. Guess she didn't see this part...

I left out the part where since she burns so close to my house, and the smoke seeps into my attic vent, then into my attic, then into my house, which quickly fills with the odor of a dirty ashtray, that I cannot even take refuge in my own house to escape it.

I also left out the part that despite it being gorgeous spring weather where I could potentially open up the windows and air out the house, not only can I not do that, but I also have to run my air conditioner to condition the inside air in my house due to her burning smoke seeping into my house.

And, I guess she also missed this part...

Or.... I guess, to her, these issues are "nothing."

I also left out the part about how it also causes extreme difficulty breathing (think gasping for air while it feels like somebody is sitting on your chest and you're having a heart attack), plus nose bleeds, ear and nose congestion, a severe chemical rash reaction to my skin, especially on my face, on top of the panic, anxiety, stress, irritability and exhaustion it causes. 

Since our county supervisors keep shelving this issue and refuse to pass a no burn ordinance for heavily populated unincorporated areas of the county we live in, my only recourse is to take this to the courts.  A ridiculous waste of money for both of us, considering the many alternatives to burning she could be using. In my county, if you simply rake or dump the leaves at the curb, they will pick them up. Or you can use your bag mower to mulch them and put them around your trees and gardens. Or you can use your bag mower to dump them into bags to put on the street.

Do you know that last year, I swear before God as my witness, that after my husband told The Annoying Leaf Burning Neighbor Husband TWICE how sick their leaf burning was making me, I watched him run his mower over the leaves with his bagger on it, then dump the bag of mulched leaves on the side of his house by my back door, and set it on fire? He could have easily dumped that into a garbage bag and put it on the street!!

But, you see, The Annoying Leaf Burning Neighbors think that if it's not illegal, it's okay to do, no matter how it may affect others.

But... there is also this little private nuisance law that applies no matter where you live, because a person has a right to the quiet enjoyment and use of their land under the law, regardless of whether they live in a city or in the county. A private nuisance is something that interferes with that person's use of their property in the manner of comfort, convenience, or health, or in some way disturbs an occupant's mental tranquility. That can include foul odors, SMOKE, dust, loud noises, including excessively barking dogs, or dogs that act vicious or aggressive, even if any injury is only threatened and not actual.

Course, I haven't mentioned yet that since I work full time from home now, she is also interfering with my ability to work when she makes me ill.  

I already know that the law is on my side and that I will prevail. Thankfully I can also sue to recover court costs, attorneys fees, and especially in this case, since the residents there have been informed of my health issues, and that they continue to repeat the contributory behavior, namely burning, that is an act of malice and reckless disregard, subject to monetary awards for pain and suffering for intentional infliction of emotional distress.

It's all just a shame.

You know, it's sad, but I don't need to be their friends.  I don't even need to be friendly with them and I could care less whether they like me or not. So long as they leave me alone and stop infringing on my right to breath, and my right to enjoy my own property, instead of having to hide away inside my home to avoid their hateful behavior.

Thanks to the Other Annoying Neighbors chain smoking in their garage adjacent to my back door, I have already had to use one of these masks almost every time that I go outside - which by the way Annoying Leaf Burning Neighbor Wife, has seen me wearing.

It's not much, but it does seem to help to prevent me from inhaling the cigarette fume chemicals. {I saw the price of cigarettes last time I pumped gas. Geez... seriously, are people willing to pay that much to slowly kill themselves?}

Even still... looks like I'm gonna need to upgrade. Shame all this, ain't it?

Neoprene Carbon Mask

I miss the good ole days when people actually cared about one another.  Such drama.
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My Neighbors Make Me Sick and Whatever Happened to The Golden Rule

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My neighbors are making me sick, and not in the sense that you are probably thinking right now! {smile}

Now, most of my regular readers know that while I do consider myself to be Christian, for the most part, I do not press religious aspects on this blog since all of my readers may not be religious!  But there is one ethical principle that I think applies across the board to humanity and that is the Ethic of Reciprocity. Often referred to simply as The Golden Rule in Christianity, it is just a simple principle that states we are to treat other people as we would wish to be treated ourselves.

I think in this day and age that principle has been all but lost.

I am horribly sick today.  No, it's not a "bug" I picked up. No, it's not a hangover from that great Spring Sangria recipe I whipped up and brought to our big Easter supper, a big hit too by the way!  No, I haven't picked up a cold.  It's my neighbors. They are making me sick.

It started with the folks right next door to us on the west side. Then it was the neighbors to the southwest of us. And yesterday, on a Sunday, on Easter Sunday no less when families would be outside doing Easter egg hunts with their children and grandchildren, my neighbors right next door to us to the east did it.

Burning leaves.  Using accelerants to light those leaves. And polluting the air the ENTIRE day (and smoldering for days after) with thick smoke.

I am an ex-smoker.  It's been some years since I last had a cigarette thank god, but I finally quit that habit and I am so happy that I did.  It took me a long time - those things are highly addictive - and if there is a way to stop smoking, I am absolutely certain that I tried it at some point.  The transformation came when I heard of someone who addressed an addiction by prayer, and by asking God to remove the desire for that substance. I thought, I've tried everything else BUT prayer, so why not?  {Isn't that just like us humans to go to God only as our last resort?}

At that time of my life, I was having breakfast with God every morning before work and keeping a written prayer journal, so I sat down and actually wrote out a prayer asking God to remove my desire to smoke, and then openly prayed that prayer aloud.  I still have that prayer journal around here somewhere.  I literally quit smoking right then, and was shocked when the next morning I had no desire for a cigarette at all.  And, I haven't had a desire for one since! Yep. After all those quit smoking "methods" I had tried, seems prayer was my answer to quitting flat out cold turkey. Well, go figure and Praise God, is all I can say about that!

But something else happened with my body when that desire was removed. Smoke, in any form, now makes me very sick.  If you've ever suffered through any addiction, you know. All it takes is one - whether it's drugs, or alcohol, or gambling or cigarettes, or whatever. Give in one time, and you'll be right back in the throes of addiction immediately.  I teasingly say that my allergy to smoke is God's way of making sure I never smoke again!

I am now fully allergic to smoke, chemically sensitive to the smoke from most (cheap) cigarettes and even third hand smoke makes me sick.  A few years later, The Cajun also quit smoking, but if he comes home with smoke on his hair or clothing from being around other smokers, I start coughing, my nasal passages close up and my chest feels heavy - just as if I'd been smoking a carton of cigarettes right in a row! The second hand smell of cigarette smoke - in other words being personally in the presence of someone who is smoking or has recently smoked - has the same effect and in fact, also makes me immediately nauseous. 

The smoke from burning leaves does the same thing, and the residual smoke that clings to the air afterward continues to affect me until the air clears.  I have learned that it is not necessarily the "smoke" itself I am sensitive or allergic to, but the chemicals that are put out by leaves burning.

My Annoying Leaf Burning Neighbors were already burning leaves when The Cajun went over and asked them not to, telling them that I am allergic.  Fortunately we left to go to my son's, but when we got home later that evening, the fire was still smoldering.  They didn't put it out, and in fact, continued feeding and burning it.  Even today, residual smoke is still hanging in the air, and when I went out to enjoy this gorgeous day and work in my garden, I immediately began to have coughing fits and my nasal passages completely stopped up!  Smoke from burning leaves, gives me a horrible headache, and flu like symptoms that will stick with me for several days. My nasal passages get so irritated that my nose bleeds!

UPDATE:  I cannot believe this but my Annoying Leaf Burning Neighbors, even after being told that this makes me sick, burned leaves again today! I have a word for people like that, and it ain't a nice one. God this one is in your hands.

All this to say, people PLEASE, if you live in a suburban neighborhood, whether it be in an incorporated or unincorporated area of your county or parish, please remember that what you do, doesn't only affect you alone.  Even if there is no ordinance in place making something illegal to do, or no protective covenants that says you can't do something, does not automatically make it right to do. Use the brain that God gave you.

If your dog is barking hours on end, yes during the day, or night, or whenever, do something about it!  If your garbage spilled out of your can because a raccoon got into it, don't just ignore it and leave it spread out in the ditch in front of your house. Pick it up!  And while I'm at it - why is it so hard to put your garbage cans a few feet further away on the side of your house? They have wheels on them! Please stop "decorating" the front of your house with ugly, nasty garbage cans. They are gross and unsightly.  If your kids are outside blasting a boom box with rap music, yes, your neighbors are affected. Tell them to take it inside to their room where only you are affected.  If your kids are unruly, carrying on, crying or repeatedly screaming at the top of their lungs outside, maybe it's time to bring them inside?  You know, where only you are affected by your screaming kids, and not all of your neighbors? {These are all very real events that I have experienced just here lately} Think people. Just think.

You live in a neighborhood - with houses on top of each other - act like you care about your neighbors. Use some common sense and consideration. And if you want to just do your own thing with no regard for how it affects others, maybe it's time to buy about 20 acres of land up north.

And for pete's sake, PLEASE don't burn leaves.  It is illegal to burn in most incorporated areas of your city for a reason and even if there is no ordinance in place for the unincorporated areas of your county, guess what? People still have legal recourse under nuisance laws and can sue you.

Here's my paralegal hat coming on... A person has a right to the quiet enjoyment and use of their land under the law, regardless of whether they live in a city or in the county. A private nuisance is something that interferes with that person's use of their property in the manner of comfort, convenience, or health, or in some way disturbs an occupant's mental tranquility. That can include foul odors, SMOKE, dust, loud noises, including excessively barking dogs, or dogs that act vicious or aggressive, even if any injury is only threatened and not actual.

So unless you live way out in the country, where you have no immediate neighbors and plenty of acreage around you, just stop burning leaves!!  The county will pick up your leaves where I live and you don't even have to bag them. Just rake them up like you are already doing anyway, and wheel or rake them straight to the curb. Use your mower to mulch and bag them and put them in a compost pile, or as mulch in your gardens.  Or bag them up to put on the roadside for somebody else to pick up and use as mulch.

You may have a neighbor who is asthmatic or allergic, or they may have children or a spouse who is, and polluting the air with your smoke is going to affect their health!! Here's a great document from the EPA that addresses the pollution and the health risks involved with open burning of leaves.

PUT YOURSELF IN THEIR SHOES. What if it was YOU or YOUR spouse, or YOUR children, or YOUR grandchildren who was allergic, or had asthma? How would you feel then?

My guess is it'd be a whole different story then, wouldn't it?

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Update 4/7

My Annoying Leaf Burning Neighbors is at it again today (3rd burn in 4 days) and when I approached her today about it seeping into my house through my attic, making me sick (I am allergic), and making it impossible for me to be outside at all, she flat out told me to "get over myself," and "I have no intention to stop burning my leaves."

And she is a nurse.  Sigh....  This is the kind of neighbor I have been living next door to for about 13 years. Thank GOD that there is a no burn ordinance set to be heard before our board of supervisors next week. Seems I am not the only one who takes issue with the effects of leaving your neighborhood smelling like an ashtray for days. I can only pray that it passes.

Update: The cowards on our board of supervisors kept tabling this issue until spring passed and the leaf falling season was over. Unbelievable. 

On to gardening ... not that I could do any of that after the pyromaniacs started again today.

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So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets. 

~Matthew 7:12 NIV

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