An Ithaca man was arrested on January 13 following a confrontation with a neighbor that involved the use of bear spray.
New York State Police from the Ithaca barracks responded to a call just after 11:00 a.m. at an apartment complex on Winston Drive. According to investigators, the incident began as a dispute in a shared staircase between apartments. During the argument, Arthur L. Stewart allegedly sprayed his neighbor in the face with a canister of bear spray.
While the scuffle led to the police response, the arrest was also tied to the specific type of spray used. Under New York law, self-defense sprays are strictly regulated; they must be small (0.75 ounces or less) and cannot exceed a 0.7% capsaicinoid concentration. Because bear spray is significantly more potent and comes in much larger canisters than what is legally allowed for personal defense against humans, it is considered “noxious matter.”
Stewart was charged with Unlawful Possession of a Noxious Matter, a class B misdemeanor. Following his arrest, he was taken to the Tompkins County Jail to await arraignment.