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(A) Declaration of policy. The public transportation system in Louisville Metro has attained a high safety record due in part to professional operators who are trained to react defensively and anticipate safety problems. However, when an operator of a public transportation vehicle is faced with violence to self or a passenger, which distraction places in jeopardy the safety of the operator, the passengers, and the public. It shall therefore be the policy of this community to make provision through law for the safety of operators and passengers of the public transportation system.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) INTENTIONALLY. A person(s) acts INTENTIONALLY with respect to a result or to conduct described by this section defining an offense when his or her conscious objective is to cause that result or to engage in that conduct.
(2) OPERATOR. A person(s) who is lawfully in charge of a vehicle such as a taxi, a bus, or other passenger vehicle for hire. This includes but is not limited to a person(s) driving the vehicle, directing the boarding of a vehicle, directing disembarking of that vehicle or a person(s) who is engaged in a course of action related to the duties of controlling the vehicle such as safety inspections, traffic stops, rest stops, maintenance, and general security.
(3) PASSENGER. A person(s), not an operator, who is using or attempting to use a taxi, a bus, or other passenger vehicle for hire regardless of whether such person is charged a fee for such use.
(4) PHYSICAL INJURY. Substantial physical pain or any impairment of physical condition.
(5) WANTONLY. A person(s) acts WANTONLY with respect to a result or to a circumstance described by this section defining an offense when he or she is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts WANTONLY with respect thereto.
(C) Unlawful practices.
(1) No person shall intentionally or wantonly cause physical injury or reasonable apprehension of physical injury to an operator or a passenger of the public transportation system.
(2) No person shall intentionally or wantonly throw or project any object or substance at or near the operator.
(1) Any person who violates § 132.01(C)(1) shall be imprisoned for not less than 90 days and no more than 12 months and shall be fined not less than $100 and no more than $500.
(2) Any person who violates § 132.01(C)(2) shall be fined not less than $100 and no more than $500.
(3) Any person who violates § 132.01 (C) and has not yet reached his or her eighteenth birthday shall be subject to the provisions of the Unified Juvenile Code found in KRS Ch. 600 et seq. in lieu of the penalties set forth in this section.
(1994 Jeff. Code, §§ 73.01 - 73.03, 73.99) (Lou. Metro Ord. No. 281-2007, approved 12-20-2007)