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<br />request. A notice of hearing shall be provided to the owner no less than ten (10) days prior <br />to the hearing, and shall be delivered via certified U.S. mail to the same address to which <br />the notice of infraction was sent. The hearing officer shall issue a written order either <br />granting or denying the appeal. <br /> <br />c. The following shall be permissible grounds for an appeal: <br /> <br />1. At the time of the infraction, the vehicle was not under the care, <br />custody, or control of the owner or an individual with owner's consent, <br />established pursuant to affidavit as provided in Section 11. <br /> <br />2. The motor vehicle driver was issued a citation by a law enforcement <br />officer, which was separate and distinct from the citation issued under <br />this Section, for violating the steady red traffic control signal; <br /> <br />3. The motor vehicle driver was required to violate the steady red traffic <br />control signal in order to comply with other governing laws; <br /> <br />4. The motor vehicle driver was required to violate the steady red traffic <br />control signal in order to reasonably protect the property or person of <br />another; <br /> <br />5. The steady red traffic control signal was inoperable or malfunctioning; <br />or <br /> <br />6. Any other reason the hearing officer deems appropriate. <br /> <br />d. The traffic control infraction review officer shall testify at the appeal. The <br />owner, or his or her representative, may also present testimony and evidence. <br /> <br />e. Recorded images indicating a red zone infraction, verified by the traffic <br />control infraction review officer, are admissible in any proceeding before the hearing officer <br />to enforce the provisions of this Ordinance, and shall constitute prima facie evidence of the <br />violation. <br /> <br />f. Unless an affidavit is provided pursuant to Section 11, it is presumed the <br />person registered as the owner with the Florida Department of Highway Safety and Motor <br />Vehicles or any other State vehicle registration office, or an individual having the owner's <br />consent, was operating the vehicle at the lime of a red zone infraction. <br /> <br />SECTION 11. Owner Affidavit Of Non-Responsibility. <br /> <br />a. In order for the owner to establish that the motor vehicle was, at the time of <br />the red zone infraction, in the care, custody, or control of another person without the <br />consent of the owner, the owner is required to complete an affidavit setting forth the <br />circumstances demonstrating that the motor vehicle was not in the owner's care, custody <br /> <br />7 <br />