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Salem, OR Public Conduct: Public Urination (2026)

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

Key Facts

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
Enforcement
Salem Police, Municipal Court

Summary

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.

It shall be unlawful for any person to intentionally or recklessly urinate or defecate in any public place except a restroom or toilet facility maintained for such purposes.

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

Salem Revised Code Sec. 125 makes it unlawful for any person to intentionally or recklessly urinate or defecate in any public place except a restroom or toilet facility maintained for that purpose. The section traces to the Prior Code and Ordinance No. 69-99, the same ordinance year that added the neighboring disorderly conduct rewrite in Sec. 120. Because Sec. 125 does not set its own penalty, it falls under the citywide general penalty clause at Sec. 00 fine, or both. Salem Police and Municipal Court enforce the section, and each day a violation continues can be charged as a separate offense under Sec.

070(d). The section requires only that the act occur in a public place; it applies whether the person is intoxicated, homeless, or simply caught without access to a restroom, and there is no carve-out for children or medical necessity written into the text itself. Officers commonly pair a citation under this section with disorderly conduct charges under Sec. 120 when the conduct also involves offensive or hazardous behavior toward bystanders.

Violations & Fines

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.

Frequently Asked Questions

Is public urination illegal everywhere in Salem?
Yes. Sec. 95.125 bars it in any public place, with the only exception being a restroom or toilet facility maintained for that purpose. There is no zone or time-of-day limitation written into the ordinance.
What happens if I'm cited for public urination in Salem?
Because Sec. 95.125 has no penalty of its own, the citywide general penalty in Sec. 1.070 applies, making it a misdemeanor punishable by up to six months in jail, a $500 fine, or both, handled through Salem Municipal Court.
Can police also charge disorderly conduct for the same incident?
Yes. Sec. 95.120 covers disorderly conduct such as creating a hazardous or physically offensive condition, and officers can charge it alongside Sec. 95.125 when the circumstances support both.

Sources & Official References

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