The Town Council has unanimously approved an ordinance in Town Code that prohibits texting while driving in Fountain Hills.

Mayor Linda Kavanagh asked staff to propose the ordinance.

“While there are many ways to be distracted while driving, texting seems to be the most egregious and dangerous practice,” Kavanagh said. “A statewide ban was proposed in the legislature several times but couldn’t get the votes needed to pass. That would have been the ideal situation but, as mayor, I must do everything I can to protect our residents here in town.

“I have witnessed and have heard from many people about drivers texting as their cars weaved all over the road. As we saw just recently, even using the sidewalk can put you in danger of an out-of-control vehicle.

“By passing this ordinance, my hope is to make our town just a little safer for residents and visitors whether driving, walking, running or biking. Let’s really care about sharing the road and that means being a responsible driver anytime you get behind the wheel.”

The ban only prohibits the use of portable electronic devices for written messaging and does not apply to voice call or use of “hands free” devices.

Certain exceptions also apply such as communication with emergency services, first responders and medical facilities.

The ordinance applies as primary offense, meaning a person can be stopped if law enforcement observes them engaged in texting. It does not need to be an offense observed in relation to another traffic stop.

The ordinance also applies while riding a bicycle that is in motion.

The law calls for a $100 fine for the first offense, plus court costs, $250 plus court costs for the second offense, and $500 plus court costs for any subsequent offense within a 24-month period.