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Salem, OR Animal Ordinances: Bird Protection (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Park birds
Unlawful to disturb, injure or kill, SRC 94.120
City waters ducks
Protected citywide, not just parks, SRC 95.235
Permit exception
State agencies/schools only, for research or relocation
Park bird penalty
Misdemeanor, SRC 94.990(a)
Duck penalty
Misdemeanor, SRC 95.990(b)

Summary

Salem makes it unlawful to disturb, injure, damage or kill any bird, bird nest or egg inside a city park under SRC 94.120, a misdemeanor-level offense. A companion section, SRC 95.235, separately bans killing, injuring, taking or molesting any duck or duck nest in or near waters anywhere within Salem's city limits, not just in parks.

(a)It shall be unlawful for any person to disturb, injure, damage, or kill any bird, bird nest, egg, or any squirrel or other animal within any park. ... It shall be unlawful for any person to kill, injure, take, or molest any duck or any duck nest in, upon, or adjacent to any waters within the corporate limits of the City, except as provided in subsection (b) of this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 26 Update 1).

Full Breakdown

SRC 94.120(a), inside chapter 94's park offenses, states that it is unlawful for any person to disturb, injure, damage, or kill any bird, bird nest, egg, or any squirrel or other animal within any park. The only carve-out is SRC 94.120(b), which lets the Parks Director issue permits to state agencies and educational institutions for field experiments, trapping and wildlife relocation inside a park under conditions the Director sets; there is no general public exception.

Ducks get a second, broader layer of protection outside chapter 94. SRC 95.235(a), in the miscellaneous offenses chapter, bars killing, injuring, taking or molesting any duck or any duck nest in, upon, or adjacent to any waters within the corporate limits of the City, which reaches the Willamette River, Mill Creek, Pringle Creek and any other city waters, not just park ponds. That section exempts the ducks' lawful owner or the owner's agent, and it exempts government flight-safety hazard abatement performed at McNary Field under federal aviation wildlife-hazard rules. SRC 95.235(b) separately lets the Director remove ducks that become a nuisance, or authorize a property owner to do so, when the number or behavior of wild or unowned ducks constitutes a nuisance in the Director's judgment.

Violations & Fines

A violation of SRC 94.120 (harming birds or animals in a park) is a misdemeanor under SRC 94.990(a). SRC 95.235 (killing or molesting ducks) is not among the infractions listed in SRC 95.990(a), so it defaults to a misdemeanor under SRC 95.990(b) as well; both provisions carry criminal-level exposure rather than a simple citation.

Frequently Asked Questions

Is it illegal to disturb a bird's nest in a Salem park?
Yes. SRC 94.120(a) makes it unlawful to disturb, injure, damage, or kill any bird, bird nest, egg, or any squirrel or other animal within any park. It is a misdemeanor under SRC 94.990(a), and the only exception is a permit the Parks Director may issue to a state agency or educational institution.
Are ducks protected outside of Salem's parks?
Yes. SRC 95.235 bans killing, injuring, taking or molesting any duck or duck nest in, upon, or adjacent to any waters within the corporate limits of the City, covering the Willamette River and city creeks, not just park ponds. A violation is a misdemeanor under SRC 95.990(b).
Can the City remove nuisance ducks from private property?
Yes. SRC 95.235(b) lets the Director remove ducks that appear wild or unowned when their number or behavior creates a nuisance, or authorize the property owner in possession of the affected premises to remove them instead, based on the Director's own judgment of the nuisance.

Sources & Official References

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