Skip to code content (skip section selection)
Compare to:
Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Lexington-Fayette Urban County Government Zoning Code
Sec. 25-25. - Hearing procedure.
(1)   The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the ethics commission; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the commission so as to afford all parties the full range of due process rights required by the nature of the proceedings.
(2)   Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the commission in connection with the matter to be heard. The commission shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(3)   All testimony in a commission hearing shall be taken under oath, administered by an individual designated by the commission who has the power to administer oaths. All parties shall have the right to call and examine witness, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel.
(4)   Any person, other than a party to the proceeding, whose name is mentioned during the hearing and who may be adversely affected thereby may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(5)   All hearings of the ethics commission shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
(6)   After the conclusion of the hearing, the ethics commission shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination as to whether a violation of this chapter has been proven.
(7)   Within thirty (30) days after completion of the hearing, the commission shall either:
(a)   Adopt by the affirmative vote of five (5) or more members who were present at the hearing a written report giving its findings and its conclusion that a violation of this chapter has occurred; or
(b)   Dismiss the complaint.
Any vote on the merits of the complaint which results in less than five (5) members who were present at the hearing voting that a violation has occurred shall result in the automatic dismissal of the complaint. In the event of such a dismissal, the complainant shall not be entitled to file a new complaint regarding the same subject matter unless a showing has been made that new evidence exists which was not presented at the previous hearing. The council clerk shall immediately send a copy of a written report adopted by the commission or written notice of the dismissal of a charge, as applicable, to the officer or employee who was the subject of the complaint and to the party who filed the complaint.
(8)   If the commission concludes in its report that in consideration of the evidence produced at the hearing there is by a preponderance of the evidence proof of a violation of this chapter, the commission may impose one or more penalties as set forth in section 25-30 of this chapter.
(9)   Findings of fact or final determinations by the commission that a violation of this chapter has been committed, or any testimony related to the commission's findings of fact or final determinations, shall not be admissible in criminal proceedings in the courts of the Commonwealth of Kentucky. Evidence collected by the commission may be used in a criminal proceeding if otherwise relevant.
(Ord. No. 255-94, § 1, 12-13-94; Ord. No. 73-99, § 2, 3-25-99; Ord. No. 140-2017 , § 8, 9-28-17)