Salem's Public Conduct: The Rules That Matter
Every city handles public conduct a little differently. In Salem, Oregon, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Public Urination
Salem makes it unlawful to intentionally or recklessly urinate or defecate anywhere in public except a restroom or toilet facility built for that purpose. The rule sits in the city's miscellaneous offenses chapter alongside disorderly conduct and applies citywide, including downtown sidewalks, parks and transit stops.
Key details: Governing section: SRC Sec. 95.125. Conduct barred: Urinating or defecating in public. Exception: Restroom or toilet facility. Mental state required: Intentional or reckless. Default penalty: Misdemeanor, up to $500 / 6 months.
A first offense is a Class-level misdemeanor under the Sec. 1.070 general penalty: up to six months in jail and/or a $500.00 fine, since Sec. 95.125 sets no separate punishment. Citations are issued by Salem Police and prosecuted in Salem Municipal Court; repeat conduct on separate days can be charged as separate violations.
Public Alcohol Use
Salem makes it unlawful to drink alcoholic liquor on any public street, alley, or public way unless the premises hold a City-issued permit for it. A related rule bars standing or loitering while drinking, or serving someone who is loitering, in any hallway, stairway or public place of business.
Key details: Governing section: SRC Sec. 90.020. Public drinking: Unlawful on streets, alleys, public ways. Permit exception: Licensed premises with City permit. Loitering-while-drinking ban: Stairways, aisles, hallways. "Public way" includes: Landscape strips and medians.
Drinking on a public street or way without a City permit, or the loitering/serving violations in Sec. 90.020(b), are unlawful offenses. Chapter 90 does not state its own penalty for Sec. 90.020, so the citywide general penalty at Sec. 1.070 applies: a misdemeanor punishable by up to six months in jail and/or a $500.00 fine, enforced by Salem Police through Municipal Court.
Skateboarding Rules
Salem bans skateboarding outright in a defined downtown zone bounded by Union, Trade, Cottage, and Front streets, plus the Civic Center, the Liberty, Chemeketa, and Pringle parking structures, Center 50+, posted private property, and any City park where park rules forbid it, under SRC 103.015. Breaking the rule is an infraction with a fine up to $110.
Key details: Governing section: SRC § 103.015 - Prohibited areas. Downtown no-ride zone: Union/Trade/Cottage/Front Streets boundary. Also banned: Civic Center, 3 city parkades, Center 50+. Standard fine: Infraction up to $110.00. Youth helmet rule: Under 16, ODOT-approved, $25 fine.
Nearly every skateboard offense under SRC chapter 103 is an infraction punishable by a fine not to exceed $110.00, including riding in a banned area (103.015), improper street operation (103.020, 103.025), missing high-visibility gear at night (103.035), failing to obey traffic controls (103.045), and careless riding (103.075). The exception is the youth helmet requirement under SRC 103.030, which carries a lower maximum fine of $25.00.
Compared to other cities, Salem takes a harder line on skateboarding rules. The enforcement and penalty structure reflects that.
Loitering Rules
Salem does not have a general adult loitering ban; its loitering rule is narrow, barring anyone under 18 from going into, visiting, or loitering in or about a gambling house. It sits in the same miscellaneous-offenses chapter as the city's curfew and disorderly-conduct rules.
Key details: Governing section: SRC Sec. 95.390. Who is covered: Persons under 18. Prohibited location: Gambling house. Related state law: ORS 163.575(1)(c). General adult loitering ban: None in current code.
A minor found in, visiting, or loitering about a gambling house violates Sec. 95.390. With no stated penalty, the default under Sec. 1.070 is a misdemeanor, punishable by up to six months in jail and/or a $500.00 fine, enforced by Salem Police and prosecuted through Salem Municipal Court or juvenile authorities as appropriate.
The rules around loitering rules in Salem lean permissive, but that does not mean anything goes.
Outdoor Smoking Restrictions
Salem prohibits smoking on all city-owned designated park property, including Geer Park, under Salem Revised Code 45.025. The Director also may designate smoke-free sidewalks and landscape strips next to businesses that have adopted a written No Smoking Policy. Violators face escalating infraction fines under the chapter's penalty section.
Key details: Park smoking ban: All city-owned designated park property, including Geer Park. Civic Center exception: Paved plaza north of Council Chambers exempted. Sidewalk registration minimum: 100 feet of city sidewalk required. First offense fine: Up to $50. Repeat offense fine: Up to $250 by third infraction.
Smoking on a city park or other prohibited city-owned property, or on a registered smoke-free sidewalk, is an infraction under Sec. 45.990, enforced under SRC 1.070. A first infraction carries a fine of up to $50, a second up to $150, and a third or later infraction up to $250. Each incident is charged separately, and the City handles enforcement on public property while sidewalk-policy compliance is the registering business's responsibility.
This is not one of those rules that cities tend to ignore. Salem actively enforces its outdoor smoking restrictions requirements.
The Bottom Line
Salem is tougher than many cities when it comes to public conduct. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Salem, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.
Keep in mind that Salem can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.