Española has joined Santa Fe and Albuquerque in banning driving while talking, dialing or texting on cell phones, except with a hands-free device or in emergencies.

The Española City Council passed its ban June 10. Police will begin issuing warnings July 1, but won't start writing $100 tickets until Aug. 14.

Mayor Joseph Maestas said the 45-day grace period is aimed at spreading the word about the new ordinance.

Signs noting the new ban already have gone up on all four entrances to Española, he said. Notices will go out in utility bills and via public service announcements on KDCE radio and in the Rio Grande Sun, Maestas said.

Maestas said he arrived too late June 10 to hear the discussion and public hearing on the ordinance, but it was passed unanimously without any major objections. He said he knows of no recent accidents blamed on cell-phone use.

"This is just based on observation in terms of the previous use of cell phones," he said. "When drivers are faced with a decision, for example, at a signalized intersection, sometimes you can notice a driver that's not paying attention. ... Our officers out in the field can obviously see the prevalent use of cell phones plus the impact."

The ordinance not only bans using hand-held cell phones while driving, it bans other driver behaviors that interfere with the safe operation of a vehicle — for example, holding a pet or another person on one's lap, putting an arm around a companion or using the horn to distract other drivers. Exceptions are made for hands-free devices and in emergencies.

"You have to have both hands on the wheel so it's really some common-sense type requirements to ensure that as a driver you're fully focused on the task of driving," Maestas said.

The Rio Grande Sun has questioned whether the ordinance was passed with proper notice. But Maestas said he believes it was advertised, as required, at least two weeks before the hearing in the Santa Fe edition of the Albuquerque Journal, and he doesn't believe there is a reason for another hearing.

In 2002, Santa Fe became New Mexico's first city to ban using cell phones while driving. Last year, the Santa Fe City Council voted down, 6-2, a move by Councilor Matthew Ortiz to roll back the rule. In 2007, Albuquerque also enacted cell-phone restrictions.

New York, New Jersey, Connecticut and the District of Columbia restrict cell-phone use while driving. But an effort for a statewide ban in New Mexico was defeated in 2007. This year, two separate bills aimed at a statewide ban on texting while driving passed the House and Senate, but failed to get reconciled before the Legislature ended.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.