SOUTH BEND — City leaders are cracking down on cell phones in school zones. A new ordinance will soon impose fines on drivers caught talking or texting behind the wheel.

The debate over the issue came down to one question: can South Bend Police and school crossing guards keep drivers from talking and texting behind the wheel?

Most city leaders agreed the answer was "no," but that didn't stop them from approving the new ban by an 8 to 1 vote.

Councilman Timothy Rouse (D) was the lone dissenting vote, saying he doesn't believe the ordinance goes far enough to cause drivers to change their behavior.

The measure means people caught using a cell phone around a school can now be fined: $75 for the first offense, $125 for the second, and $250 if they're caught a third time.

New mom Kelly Jenkins knows kids don't always watch out for themselves.

"They're still not paying attention sometimes," she said. "Kids are interested in their own thing, and outside a school, kids are everywhere."

Combine that lack of attention with "distracted drivers," and other parents say you have a recipe for disaster.

"There has to be more focus on kids at school, and drivers paying attention to the kids would make me feel much better as a parent. I would feel more confident," said parent Crystal Lekarczyk.

Her solution?

Get those drivers off the phone.

Some South Bend leaders say this plan will do just that.

"I think it'll work to make people more aware of school zones, and aware of what they're doing around school zones. It's vitally important," said Council member Ann Puzzello (D), one of three sponsors of the new ordinance.

It will be fairly easy to implement, they say.

Starting this fall, drivers won't be able to use a cell phone for talking or reading, writing and sending text messages inside any marked "school zone" within city limits while school is in session.

Hands free devices like Bluetooth would be exempt. The ordinance also will not apply to emergency workers and drivers dialing 911 during an emergency.

It's a simple plan for a simple reason.

"It is a public safety issue," said Health and Public Safety Committee Chair Karen White (D). "There are a number of issues that we may still need to discuss, but I think the ordinance itself is an important one."

But others argue those issues could mean the plan won't work, because drivers already talking on a cell phone aren't likely to put down the phone as they enter a school zone and then pick it back up as they come out.

"It seems kind of pointless," said St. Joseph High School sophomore Christina Daniels. [I don't think people outside of my school] would pay attention to it."

"I can see someone playing a game where, I can talk here, but not here, or I'm around a school, but not in the zone. Kids are still walking across the street. So we have to tighten it up a bit on that. There is certainly more work that needs to go into this," said Common Council President Derek Dieter (D).

There are other worries, too.

A recent federal report released by the National Highway Transportation Safety Board shows even "hands free" cell phones can more than triple the risk of an accident--even worse than driving drunk.

There are also concerns about funding for the plan.

Estimates to put up "no cell phone" signs at the first 20 schools targeted alone top $11,000. Some, including Rouse, doubt the money raised by "modestly priced" fines will offset it, let alone change drivers' behavior.

But, common council attorney Kathy Cekanski-Farrand told council members that similar plans have decreased accidents involving children in school zones in larger cities like Dallas. The program has been so successful, she said, that the entire State of Texas will implement the ban on September 1st.

Still, Rouse was undeterred.

He called for fines to begin at $500 and increase to over $1,000.

Some at Monday's meeting also raised concerns about heaping additional responsibility for enforcement on the city's staff of crossing guards, though the ordinance that was eventually approved also establishes a $50 fine for disobeying a crossing guard's order. That includes being told to pull over if spotted on a cell phone in a school zone by a crossing guard.

It has Jenkins calling for something else.

"If you're going to ban cell phones in school zones, you should just do it everywhere," she said.

Councilman Henry Davis, Jr. (D) proposed a city-wide ban on cell phones while driving Monday night, but a formal request never got off the ground. Others, including Mayor Steve Luecke (D) vocalized their support for such a ban, but stopped short of proposing a vote on one.

"I would say this is a first step, and maybe a good trial run," said Puzzello.

The school zone ban takes effect on August 27th.