Animal Rescue Entities

Animal Rescue Entity – Registration and License:

ORS 609.415(1)(b) describes animal rescue entities as those that maintain in its legal custody 10 or more animals and that solicits or accepts donations in any form.  Benton County applies this provision when the animals are physically located at a facility operated by the entity or kept, housed, or maintained in Benton County.

Animal rescue entities shall comply with the following requirements:

• An animal rescue entity shall obtain a certificate of registration and license from the Benton County Clerk. The obligation to obtain a license applies to any entity that is or becomes qualified as an animal rescue entity within Benton County any time after January 1, 2017.
• The animal rescue entity shall pay the fee established by the Benton County Board of Commissioners in Order No. 2016-062.
• Entities must comply with county code, zoning and permit requirements, and other applicable laws.
• An animal rescue entity may NOT transfer a license issued under this section without the prior written consent of the Benton County Clerk.
• A person or organization that qualifies as an animal rescue entity, under Oregon Revised Statute Chapter 609 and Benton County Code BCC 9.475, commits a violation if it fails to obtain an animal rescue entity certificate of registration and license.
• At any reasonable time, an authorized representative of Benton County, another law enforcement agency, Oregon Department of Fish and Wildlife, Oregon Department of Agriculture, or the United States Department of Agriculture may conduct an on-site investigation to determine whether the entity is in compliance with the governing laws.

Animal rescue entity – Record keeping:

An animal rescue entity shall maintain a record for each animal that identifies:

• The sex, breed type and date of birth for the animal or, if the date of birth is unknown, the approximate age of the animal;
• The date the animal rescue entity acquired possession, control or charge of the animal, the source of the animal, and weight of the animal upon intake;
• A photograph of the animal taken within 24 hours of intake by the animal rescue entity;
• The number of offspring the animal produced while in the possession or control of the animal rescue entity, if applicable; and
• The disposition the animal rescue entity makes of each animal possessed by, controlled by or in the charge of the animal rescue entity, including the date of disposition, manner of disposition and the name and address for any individual or organization taking possession, control or charge of an animal.

An animal rescue entity shall permit an authorized representative of Benton County to inspect the records of the animal rescue entity required by this section and an animal rescue entity shall furnish reports and information upon request from any authorized representative.

Failure to comply with the record keeping and inspection requirements is a violation of state and local law.

Animal rescue entities – Inspections:

An animal rescue entity shall permit an authorized representative to inspect the records of the animal rescue entity relating to compliance with Oregon Revised Statue. An animal rescue entity shall furnish reports and information as required by authorized representative.

An authorized representative shall conduct an on-site investigation of the premises of any registered animal rescue entity if the agency receives a complaint about the animal rescue entity related to the failure to comply with the requirements of applicable Oregon Revised Statue that the agency determines is credible and serious. The investigation by the agency shall be limited to determining if the animal rescue entity has failed to comply with the requirements of applicable Oregon Revised Statue.

If, during the course of an inspection made under ORS 609.415 and/or ORS 609.420, the authorized representative finds evidence of animal cruelty in violation of ORS 167.310 to 167.351, 167.352, 167.355 or 167.360 to 167.372, an authorized representative shall seize the evidence and report the violation to law enforcement. Evidence of animal cruelty found through a valid inspection under ORS 609.415 and/or ORS 609.420 shall be presumed admissible in any subsequent criminal proceeding.

An animal rescue entity commits a violation for failure to comply with inspection and reporting requirements.

Animal Rescue Entities – Enforcement:

If the an authorized representative finds evidence of a violation of any of the provisions of ORS 609.415 and/or ORS 609.420 or evidence of animal cruelty in violation of ORS 167.310 to 167.351, 167.352, 167.355 or 167.360 to 167.372, the violation may result in a fine or the impoundment of all animals under the animal rescue entity’s control.