ULPT we asked neighbor not to smoke on back patio at 5 am. Now this

Our neighbor’s back patio is very close to ours. In the summer here it is cool at night and very hot in the day. We deal with it by running our house fan all night with our patio door open to cool down the house. When they smoke cigarettes at 5 am our entire house fills with their smoke. We both have lung issues/ asthma. We asked if they could please smoke at a later time (7:30 am or later) or on their front porch instead. At first they said yes, and were considerate about smoke in the early morning for a couple of weeks, then said “no, we don’t care and are going to do what we want”

Now they have escalated to using a small bbq grill that puts out a lot of smoke. They’ve been doing this at 5 am the past 2 days in a row. What can we do?