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4 <br /> C. Any person who violates the provisions of this section shall be guilty of a gross <br /> misdemeanor and may be punished by a fine a .. . - . . . . , . <br /> and/or imprisonment _ _ .. _ . - : ,. . <br /> and pr-isemnent up to the maximum fine amount and term of imprisonment set forth in <br /> EMC 10.04.080.A. <br /> Section 5: <br /> Section 2 of Ordinance No. 3134-09(EMC 46.04.060),which reads as follows: <br /> Hit and run bicyclist or pedestrian. <br /> A. The operator of any vehicle which strikes any pedestrian or bicyclist shall immediately <br /> stop such vehicle at the scene of such accident or as close thereto as possible but shall <br /> then forthwith return to, and in every event remain at,the scene of such accident until he <br /> or she has fulfilled the requirements of RCW 46.52.020(3) as now enacted or hereinafter <br /> amended. <br /> B. Any vehicle operator violating subsection A of this section in the case of an accident that <br /> results in nonfelony injuries to the bicyclistor pedestrian is guilty of a gross <br /> misdemeanor, punishable by up to a five-thousand-dollar fine and up to one year in jail, <br /> or by both such tine and jail. <br /> C. For purposes of this section,"nonfelony injuries"means that the accident resulted only in <br /> minor bruises,cuts,scrapes or similar injuries to the bicyclist or pedestrian. <br /> D. For purposes of this section, "bicyclist" means any person operating or riding upon a <br /> bicycle. <br /> E: The duties set forth in subsection A of this section shall not apply to any person injured <br /> or incapacitated by such accident to the extent of being physically incapable of <br /> complying therewith. <br /> F. If none of the persons who would otherwise be entitled to receive the information <br /> required by subsection A of this section are in condition to receive the information, and <br /> no police officeris present, the operator of any vehicle involved in such accident, after <br /> fulfilling all other requirements of subsection A of this section insofar as possible on his <br /> or her part to be performed, shall forthwith report such accident to the nearest office of <br /> the Everett police department and submit thereto the information specified in subsection <br /> A of this section. <br /> Is hereby mended to read as follows: <br /> Hit and run bicyclist or pedestrian. <br /> A. The operator of any vehicle which strikes any pedestrian or bicyclist shall immediately <br /> stop such vehicle at the scene of such accident or as close thereto as possible but shall <br /> then forthwith return to, and in every event remain at,the scene of such accident until he <br /> or she has fulfilled the requirements of RCW 46.52.020(3) as now enacted or hereinafter <br /> amended. <br /> B. Any vehicle operator violating subsection A of this section in the case of an accident that <br /> results in nonfelony injuries to the bicyclist or'pedestrian is guilty of a gross <br /> misdemeanor, punishable and may be punished by a fine and/or:imprisonment up to a <br /> 3 <br />