Tucson City Council approves ban on cellphone use while driving

The Tucson City Council approved 5-2 a new ban on using your cellphone while driving.

A push by Councilwoman Karin Uhlich radically increased the size of the fines over what had been initially proposed by the city staff. Councilmen Steve Kozachik and Richard Fimbres voted against the measure.

Under the ordinance passed Tuesday night, anyone caught using a cellphone without a hands-free device while driving will get a $250 fine for the first offense that doesn’t involve an accident, $500 for the second violation and any subsequent violation. The citations will be civil offenses.

The minimum fine for someone involved in a vehicle accident while using a cellphone will be $2,500.

The law, as written, would not allow officers to pull someone over just for using a cellphone while driving — making it a secondary offense.

Other than the size of the fines, the action by the City Council mirrors a near-identical hands-free ordinance passed by the Oro Valley Town Council several months ago.

The measure is scheduled to go into effect May 1.

Red tags

The council also unanimously backed changes to the city’s “red tag” ordinance concerning noise complaints.

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The council opted to add another fine to those who receive a second red tag notice within 180 days, forcing them to pay the city for the costs of responding police officers. The extra fine is capped at $1,000 per incident.

The city already has fines associated with unruly gatherings — $500 for the first red-tag offense and $1,000 for a second violation — but the new recovery fee, adds to the overall cost.

A red-tagged property must display the city notice in a visible location for 180 days.

Hate-crime law

The council unanimously raised penalties for those convicted of committing a hate or bias crime under an ordinance that relates to institutional vandalism, such as damaging a place of worship or cemetery.

Tucson’s revised ordinance enhances penalties to misdemeanor crimes, including criminal trespass, disorderly conduct, endangerment, graffiti, harassment and threats or intimidation, that are motivated by such things as a victim’s race, color, religion, gender, sexual orientation, gender identity or national origin. The ordinance was also changed to include health-care facilities to the list of institutions that fall under the revised law.

For a first misdemeanor offense, the offender would serve at least 10 days in jail and face a $500 fine.

On the second offense, the minimum punishment would be increased to 20 days in jail and a $1,000 fine.