For this part, an animal causes an animal nuisance if—
(a) the animal causes, solely or in part—
(i) damage to property owned by a person other than the keeper; or
(ii) excessive disturbance to a person other than the keeper because of noise; or
(iii) an unacceptable risk to the public or another animal; or
(b) for a dog—there are repeated occurrences of the dog—
(i) not being kept under control by the dog's keeper or carer; or
(ii) the dog is not restrained in contravention of section 44 (1) or (3) (Dogs in public places must be controlled) or section 45 (1) or (3) (Dogs on private premises to be restrained).