Driving a vehicle while holding a cell phone has been outlawed in Huntsville and the ordinance will go into effect Jan. 1.

The city council on Thursday approved an ordinance proposed by councilman David Little that is more stringent than a new state law that went into effect in June as well as the city’s longtime ban on texting while driving. The council voted 4-1 to approve the ordinance with council President John Meredith voting against it, citing concerns he heard about the law from constituents in north Huntsville.

Police Chief Kirk Giles said police would only issue warning tickets for the first six months as drivers and police adjust to the new law.

Little said his intent in proposing the law is to reduce accidents caused by drivers distracted by their phones. A victim of a distracted driver accident 15 years ago, Little said he routinely sees drivers in Huntsville staring at their phones while driving or even watching a video on a tablet held between their thumbs on the steering wheel.

A vote on the ordinance was originally scheduled for the Sept. 14 meeting but was tabled by the council after a near-hour discussion. It was postponed again at the Sept. 28 meeting as the council devoted much of the meeting to passing the 2024 fiscal year budget.

According to the National Highway Traffic Safety Administration, 3,522 people were killed in 2021 by distracted drivers – which includes cell phone use but also includes distractions such as eating or adjusting the stereo or passengers.

The city’s ordinance only allows cell phone use while driving if it can be operated without handling the phone itself – such as through a vehicle’s Bluetooth system or on speakerphone or mounted within the vehicle. The ordinance does permit a quick swipe across the phone’s touchscreen to, for instance, terminate a call.

The ordinance only applies to the driver of a vehicle and not passengers.

The law also calls for enforcement to be a primary offense as opposed to a secondary defense. As a primary offense, law enforcement can initiate a traffic stop solely on the basis of illegal use of a cell phone. The new state law, which prohibits handling a phone while the vehicle “crosses in or out of a traffic lane without using a turn signal, the vehicle swerves, or the vehicle is otherwise operated in an impaired manner.”

The council amended the ordinance to lessen penalties. A first conviction is a $50 fine while a second conviction, if within 24 months of the first conviction, is $100. A third conviction within 24 months is a fine of $150 and imprisonment of not more than 10 days and/or community service. Originally, the ordinance called for a first conviction resulting in a $100 fine or up to 10 days in jail while a second conviction within the next two years would be a $200 fine or up to 30 days in jail.

The new state law states that violations would be considered secondary offenses – meaning law enforcement would need another reason to initiate a traffic stop than cell phone handling. The state law also for a $50 fine.