Severability Clauses in Salem City Ordinances

General Governance and Administration Oregon 3 Minutes Read · published February 20, 2026 Flag of Oregon

In Salem, Oregon, severability clauses influence whether an individual provision of a city ordinance can be invalidated without overturning the entire ordinance. Salem residents and regulated businesses should check each ordinance text and the municipal code to see how courts and city officials treat invalid or unenforceable provisions. For official ordinance texts and the Salem Revised Code, consult the municipal code and the City Recorder's ordinance listings[1].[3]

What a severability clause does

A severability clause typically states that if one part of an ordinance is found invalid, the remaining sections remain in effect. In Salem, the text of severability language appears in the adopted ordinance text or the Salem Revised Code provisions; readers should read the specific ordinance language for definitive wording[1].

A severability clause can preserve most of a law even when a single provision is struck down.

Penalties & Enforcement

This section explains enforcement roles, penalties, and remedies as they relate to bylaws and how severability interacts with enforcement outcomes.

  • Fine amounts: not specified on the cited page for severability language; consult the specific ordinance or Salem Code sections referenced for monetary penalties[1].
  • Escalation: first, repeat, or continuing-offence ranges are not specified on the severability pages; see the controlling ordinance or code chapter for schedules and per-day penalties[1].
  • Non-monetary sanctions: common remedies include abatement orders, administrative orders, injunctions, and civil enforcement; specific remedies depend on the ordinance and enforcing department as published by the city[2].
  • Enforcer and complaint pathway: Salem Code Compliance (Community Development) handles many local ordinance complaints; submit complaints and contact information through the official Code Compliance page[2].
  • Appeals and review: appeal routes (administrative hearings, hearings officer, or court review) and exact time limits vary by ordinance; the appeal procedure and deadlines must be checked in the ordinance or Salem Revised Code section that creates the violation—if not listed, the cited page does not specify the time limit[1].
  • Defences and discretion: available defences, such as permits, variances, or "reasonable excuse," depend on the ordinance language; severability does not create new defenses but can leave valid defenses intact if another provision is severed[1].
For exact fines, escalation, and appeal deadlines, consult the ordinance text or contact Code Compliance.

Applications & Forms

Common filings related to ordinance enforcement include complaint forms, permit or variance applications, and appeal request forms. The Code Compliance and City Recorder pages list applicable forms and submission methods where published[2].[3]

  • Complaint form: see Code Compliance for the official complaint intake form and submission instructions; fee and deadline information are provided where required on the specific form page[2].

How severability affects enforcement outcomes

If a court invalidates one clause of an ordinance, a severability clause can allow the remaining provisions to remain enforceable. That means penalties tied to other sections may still apply while only the invalid provision is removed. Always verify the drafting language in the enacted ordinance or the Salem Revised Code provision to confirm the intended effect[1].

FAQ

What is a severability clause?
A severability clause states that if part of an ordinance is declared invalid, the rest remains effective; check the specific ordinance or Salem Revised Code for exact language.[1]
Who enforces Salem ordinances?
City of Salem Code Compliance (Community Development) handles many complaints; other departments may enforce specialized rules depending on subject matter[2].
How do I appeal an enforcement action?
Appeal paths depend on the ordinance: administrative appeal, hearings officer, or court review. Check the ordinance or contact the City Recorder for procedure and deadlines[3].

How-To

  1. Locate the ordinance text in the Salem Revised Code or the City Recorder ordinance index.
  2. Read the severability clause and the enforcement section in the same ordinance to understand interactions.
  3. Contact Code Compliance to report a violation or request clarification on enforcement and available remedies.
  4. If you receive an enforcement action, follow the appeal instructions in the ordinance and file any appeal within the time limit specified by that ordinance or code section.

Key Takeaways

  • Severability clauses can keep most ordinances operative even if one part is invalid.
  • Confirm enforcement, fines, and appeal deadlines in the specific ordinance or with Code Compliance.

Help and Support / Resources

  1. [1] Salem Revised Code - Municode
  2. [2] City of Salem - Code Compliance (Community Development)
  3. [3] City of Salem - City Recorder: Ordinances and Resolutions

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