(A) The keeping or maintenance of any animal having dangerous or destructive propensities outside a proper enclosure is declared to be a public nuisance, and shall be abated as provided in this chapter.
(B) The keeping or maintenance of any animal or dog, which creates excessive noise by prolonged and habitual barking, howling or whining, causes serious annoyance to neighboring residents and interferes with the reasonable use and enjoyment of the premises occupied by the residents, or with the reasonable use and enjoyment of the public streets, sidewalks or other public areas, is declared to be a public nuisance, and shall be abated as provided in this chapter.
(C) It shall be the duty of every person having custody or control of any animal deemed to be a public nuisance animal, an aggressive animal, a dangerous dog or a potentially dangerous animal; to keep the animal or dog securely under restraint when upon the public streets of the village or in any public place, or upon property other than the property of the owner. The foregoing animals or dogs shall not be permitted to be at-large.
(D) It shall be the duty of every person having custody or control of any animal or dog within the village limits to exercise the control over the animal or dog so as to prevent the animal from biting any person when the person is either upon public property or lawfully upon private property. For the purposes of this division, a person is lawfully upon private property when he or she is on the property in the performance of any duty imposed upon him or her by the laws of this state or by the laws of the postal regulations of the United States or when he or she is on the property upon invitation, expressed or implied, of the owner thereof. It shall not, however, be a violation of this division when the facts of any individual case show an animal or dog bite is the result of mischievously or carelessly provoked activity upon the part of the person bitten.
(2002 Code, Ch. 81, § 81.02) Penalty, see § 90.99