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A. The operator of any vehicle which strikes any pedestrian or bicyclist shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of RCW 46.52.020(3) as now enacted or hereinafter amended.

B. Any vehicle operator violating subsection A of this section in the case of an accident that results in nonfelony injuries to the bicyclist or pedestrian is guilty of a gross misdemeanor, and may be punished by a fine and/or imprisonment up to the maximum fine amount and term of imprisonment set forth in Section 10.04.080(A).

C. For purposes of this section, “nonfelony injuries” means that the accident resulted only in minor bruises, cuts, scrapes or similar injuries to the bicyclist or pedestrian.

D. For purposes of this section, “bicyclist” means any person operating or riding upon a bicycle.

E. The duties set forth in subsection A of this section shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying therewith.

F. If none of the persons who would otherwise be entitled to receive the information required by subsection A of this section are in condition to receive the information, and no police officer is present, the operator of any vehicle involved in such accident, after fulfilling all other requirements of subsection A of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the Everett police department and submit thereto the information specified in subsection A of this section. (Ord. 3236-11 § 5, 2011; Ord. 3134-09 § 2, 2009.)