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<br /> <br /> <br /> <br /> <br /> "(B) school that is in session; <br /> <br /> "(C) court that is in session; <br /> <br /> ° (D) nursing home; <br /> <br /> "(E) facility that provides surgical services to <br /> patients who do not require overnight hospital care <br /> during the hours of operation of the facility; <br /> <br /> "(F) place of religious worship while services are <br /> being conducted; or <br /> <br /> "(G) funeral home while services are being <br /> conducted. <br /> <br /> "(b) In this Section: <br /> <br /> "(1) Residence means a single-family, duplex or multi-family <br /> dwelling. <br /> <br /> "(2) Surgical services means therapy of a mechanical or <br /> operative kind, including, but not limited to, operations involving <br /> cutting, the setting of fractures and dislocations, and similar <br /> manual forms of treatment. <br /> <br /> "(c) If conduct that would otherwise violate this Section consists of speech or <br /> other communication, of gathering with others to hear or observe such speech or <br /> communication, or of gathering with others to picket or otherwise express in a <br /> nonviolent manner a position on social, economic, political or religious questions, <br /> the person must be ordered to move, disperse or otherwise remedy the violation <br /> prior to arrest or citation. <br /> <br /> "(d) The arder required by Subsection (c) may be given by a peace officer, a <br /> fireman, a person with authority to control the use of the premises, or any person <br /> directly affected by the violation. <br /> <br /> "(e) It is a defense to prosecution under Subsection (a) that: <br /> <br /> "(1) in circumstances in which this Section requires an order, no <br /> order was given; <br /> <br /> "(2) an order, if given, was manifestly unreasonable in scope; <br /> <br /> "(3) an order, if given, was promptly obeyed; <br /> <br /> "(4) the mechanical loudspeaker or sound amplifier was operated <br /> in a public place within an enclosed structure and was not audible <br /> beyond the property line of the premises on which it was located; <br /> <br /> "(5) the person operating the mechanical loud speaker or sound <br /> amplifier was a law enforcement officer or member of the fire <br /> department in the performance of official duties; <br /> <br /> "(6) the mechanical loudspeaker or sound amplifier was operated <br /> for the purpose of alerting persons to the existence of an <br /> emergency or danger; or, <br /> <br /> <br /> <br /> <br /> 4 <br />