Second, I obviously needed to clarify the situation for anyone else to get it.
1) We live in a building that specifies quiet hours as 10pm to 10am daily, our neighbor seems to feel they are roughly 2am - 7am based on their behavior.
2) We are a pet free building; the landlord has already said they're not supposed to have the dog there, but are turning a blind eye as he is only "visiting" and is not there 24x7; that said, the landlord isn't happy about it and has already made that clear. And no, they did not ask anyone's permission nor modify their lease to allow said dog to "visit".
3) I'm not asking the neighbors to stop living their lives, just to quiet down a bit - sometimes they're home and I can hear them at reasonable volumes, at other times (heavy footsteps, the dog that's not supposed to be here running around, slamming doors) it's loud enough to vibrate the walls in my apartment which is where I have a problem - it's like sitting next to a very loud bass unit.
4) I can't hear the stereo or the TV unless windows and doors are open on my apartment. Garbage trucks next to the bathroom window, lawn & garden services, nailguns and power tools next door are barely audible. And I've never heard voices upstairs at all - being CA and "earthquake proof" means the building doesn't carry sound well except the stomping around, the vacuum, and the slamming of floor to ceiling closet doors.
5) I brought up the smoking because the tenants upstairs had complained to our landlord, who mentioned it in passing but didn't even ask us to change our habits. And we have been courteous enough to smoke outside even in the winter and/or the rain in spite of the fact that our lease was written to allow smoking inside. It seemed a reasonable balance to ask them to quiet down a bit while I'm trying to sleep; courtesy for courtesy.
I get what everyone has said about my previous post and will take it to heart; I was trying to figure out a way to discuss the inappropriate levels of noise without making them the bad guy, and it seemed to me that tying the overly loud to problems with my health might seem less critical to the neighbors. You all think I'm wrong, so I'll have to approach this differently.