FAIRHOPE, Ala - It’s now a crime in Fairhope to use a digital device while driving, except to make phone calls.

The City Council voted unanimously March 14 for Fairhope to join the growing number of Alabama cities that criminalize “texting while driving.”

But the new ordinance can only be enforced if the driver is stopped for another crime or violation.

Critics of such measures have claimed the laws are difficult to enforce, but supporters say the mere threat of punishment will deter some drivers.

The new law prohibits more than just texting or e-mailing, which some commenters on news blogs have misintepreted by saying drivers could claim they were surfing the Internet and thus have a defense to the charge.

Instead, the law states that drivers shall not not use a “wireless communication devise to send, receive, download or view any electronic or digital content including music, video, picture or communication including, but not limited to, electronic mail, instant messaging or text messaging.”

The law imposes a fine of $100 or up to 10 days in jail for a first offense, $200 or up to 30 days in jail for a second offense, and $500 or up to three months in jail for third and subsequent offenses.

None of the Alabama cities to pass laws outlawing the conduct have yet issued any citations for their violation, according to published reports.