LOXLEY, Ala. — Just don’t do it…texting and driving that is.

The Town of Loxley passed Ordinance No. 2011-11 at its Monday night meeting to restrict the use of wireless communication devices while driving by a unanimous vote.

According to the ordinance, “restricting the use of wireless communication devices while operating motor vehicles would protect the public health, safety and welfare and include cellular, analog, wireless or digital device, computer or telephone, capable of accessing the internet or sending, receiving or downloading any electronic or digital data including,but not limited to, videos, pictures or communications, such as electronic mail, instant messages and text messages. Covered devices include , but are not limited to, devices commonly known as Blackberries, iPhones, iPads, Kindles, laptops, notebooks and other similarly equipped wireless devices. Covered devices shall not include voice radios, mobile radios, land mobile radios, commercial mobile radios or two-way radios with capability to transmit and receive voice transmission utilizing a “push to talk” function.”

It goes on to explain “no person shall operate a vehicle upon any highway, roadway, street or alley while using a wireless communication device to read or write messages including, but not limited to, text messages, instant messages or electronic mail. Exceptions to this include:

- An emergency services professional using a wireless communication device while operating an authorized emergency vehicle in the due course of business; personal use of a wireless communication device shall remain subject to the provisions contained in subsection B

- An individual using a wireless communication device to make or receive a telephone call

- An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency service agency or entity.

-An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, roadway or street, or the vehicle is stopped due to normal traffic being obstructed and the vehicle transmission is in neutral or park,

-An individual using a Global Positioning System (GPS) or navigation units

Penalties for violating this ordinance are as follows:

- For the first conviction, by a fine of $100 and/or by imprisonment of not more than 10 days

-For a second conviction, by a fine of $200 and/or by imprisonment of not more than 30 days

-For a third or subsequent conviction, by a fine of $500 and/or by imprisonment for not more than three months or by both such fine and imprisonment

This ordinance will take effect 30 days from now.

In other business, the council approved their revised budget and it shows the town is in good financial shape with an overall surplus of $21,849 with total revenue at $1,290,093 and total expenses at $1,268, 244.

The council passed a motion to approve Resolution No. 2011-13 amending Community Development Block Grant project (Sewer Rehab) to utilize remaining funds to rehabilitate additional sewer line. The original contract totaled $233,931.80, coming in at a lower bid and leaving $124,500 as a remaining balance. The town is requesting that ADECA (Alabama Department of Economic and Community Affair) allow them to use the remaining funds for further sewer improvements. The project engineers are Goodwyn, Mills and Cawood.

A motion to move the town’s bank account for ACH payments from Wells Fargo to Regions was passed as well as a request to purchase a 15 cubic foot GE chest freezer to be used for the concession stand at the ball field for a cost of $448.00 There was also an ad request from Gulf Coast Newspapers for “Big Beautiful Baldwin” but no action was taken because there was no motion.