Seems to me your complaint is that you can smell the smoke.
Does it matter where on his property he is smoking it if you can smell it?
I mean, if he smoked it in his house and you smelled smoke does the fact he is in his house somehow negate your complaining about smelling it?
Good question. If he was inside his own house, I doubt the smoke would travel as much as if he's standing in the lawn alongside of my house.