Announcement of the City of Chemnitz dated 15 February 2021

General ruling

In accordance with Section 32 in conjunction with Sections 28 (1) and 28a (1) of the Infection Protection Act (IfSG) of 20 July 2000 (Federal Law Gazette I p. 1045), which was last amended by the Act of 18 November 2020 (Federal Law Gazette I p. 2397), the district-free city of Chemnitz issues in conjunction with § Section 1 Ordinance of the Saxon State Government and the Saxon State Ministry of Social Affairs and Social Cohesion on the regulation of responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures of 9 January 2019 (SächsGV).January 2019 (SächsGVBl. p. 83), which was amended by the ordinance of 13 March 2020 (SächsGVBl. p. 82) (Infection Protection Responsibility Ordinance), in conjunction with §§ Sections 2b and 2c of the Ordinance of the Saxon State Ministry of Social Affairs and Social Cohesion for Protection against the Coronavirus SARS-CoV-2 and COVID-19 (Saxon Corona Protection Ordinance - SächsCoronaSchVO) of 12 February 2021 on the territory of the City of Chemnitz as follows

General decree

for the enforcement of the Infection Protection Act (IfSG) on the occasion of the Corona pandemic:

  1. The restriction of permissible supply routes for daily necessities, basic supplies and other approved offers to a radius of 15 kilometres from the residential area is lifted in deviation from § 2b para. 1 no. 7 SächsCoronaSchVO.
  2. Individual sports and outdoor exercise without tourist purposes and destinations are permitted in compliance with the hygiene rules and contact restrictions and in compliance with the 15-kilometre restrictions that may still apply in neighbouring districts, and in this respect the restriction to a radius of 15 kilometres from § 2b Para. 1 No. 19 SächsCoronaSchVO is lifted.
  3. The extended curfew between 10 p.m. and 6 a.m. the following day (night-time curfew) is cancelled in deviation from Section 2c (1) SächsCoronaSchVO.
  4. We reserve the right to revoke sections 1 to 3 of this order.
  5. This general ruling shall enter into force on the day following its public announcement.

Reasons:

The City of Chemnitz is in accordance with §§ 2b and 2c of the Saxon Corona Protection Ordinance, § 28 para. 1 i. V. m. § 54 Infection Protection Act (IfSG) in conjunction with § 1 of the Saxon Infection Protection Competence Ordinance and in accordance with § 1 of the Law on the Regulation of Administrative Procedure and Administrative Service Law for the Free State of Saxony (SächsVwVfZG) in conjunction with § 3 para. in conjunction with Section 3 (1) No. 3 of the Administrative Procedure Act in the version published on 23 January 2003 (Federal Law Gazette I p. 102), which was last amended by Article 5 of the Act of 21 June 2019 (Federal Law Gazette I p. 846) (VwVfG).

In accordance with the Saxon Corona Protection Ordinance of 12 February 2021, the competent local authorities may, depending on the infection situation according to the RKI, make certain individual relaxations. In particular, the requirement is that the incidence value of 100 new infections per 100,000 inhabitants within 7 days in both the Free State of Saxony and in the respective district / independent city is continuously below this value for five days. This has been the case in the city of Chemnitz - as regularly publicised on www.chemnitz.de - for more than three weeks and now also in the Free State of Saxony.

Accordingly, pursuant to Section 2b (2) SächsCoronaSchVO, in deviation from Section 2b (1) no. 7 SächsCoronaSchVO, the restriction to a radius of 15 kilometres from the residential area could now be lifted for supply routes for everyday necessities, basic supplies and other approved services.

Individual sports and outdoor exercise without tourist purposes and destinations are permitted with the lifting of the 15-kilometre radius provided for in Section 2b (1) No. 19 SächsCoronaSchVO, taking into account the hygiene rules and contact restrictions as well as the 15-kilometre restrictions that may still apply in neighbouring districts.

In addition, the extended curfew between 10 p.m. and 6 a.m. the following day (night curfew), for which only the persons listed in Section 2c para. 1 SächsCoronaSchVO applied, was cancelled in accordance with § 2c para. 2 SächsCoronaSchVO. This means that only the general exit restriction pursuant to Section 2b (1) SächsCoronaSchVO applies at night with the broader exceptions listed there (valid reasons for leaving the accommodation).

The relaxations currently appear justifiable, particularly in view of the fact that the city of Chemnitz has been consistently below the relevant incidence value for more than three weeks. In this respect, the night-time curfew is also not considered necessary to combat the SARS-CoV-2 pandemic.

However, if the incidence value of 100 is exceeded again in the Free State of Saxony or the city of Chemnitz, the relaxations ordered will have to be revoked.

We therefore reserve the right to revoke them (see also Sections 2b (2) sentence 5, 2c (2) sentence 5 SächsCoronaSchVO).

The announcement by public notice is made in accordance with Section 6 of the statutes of the City of Chemnitz on the form of public notice and customary local announcements of July 2014 (public notice statutes). Publication in the Chemnitz official gazette is not possible in good time. A further delay of the orders is not justifiable. The announcement will be accompanied by various media parallel to the formal posting via the press work of the City of Chemnitz. This general ruling is issued in accordance with Section 1 SächsVwVfG i.V.m. § Section 41 (3) VwVfG, as notification to the parties involved is not possible due to the circumstances of the case. Pursuant to Section 41 (4) sentence 4 VwVfG, the general ruling is deemed to have been published on the day following the customary publication. The general ruling can be accessed and viewed on the homepage of the City of Chemnitz.

Notice of legal remedies

An objection to this general ruling may be lodged within one month of its public announcement. The objection must be submitted in writing, in electronic form or for recording at the City of Chemnitz, Markt 1, 09111 Chemnitz or any other office or citizen service centre of the City of Chemnitz. The objection can be lodged in electronic form by De-Mail in the transmission variant with confirmed secure registration in accordance with the De-MaiI Act. The De-Mail address is: info@stadt-chemnitz.de-mail.de. If you are represented by a lawyer, the objection can also be lodged via the special public authority mailbox (beBPo) and should be addressed to the beBPo "City of Chemnitz".

Notes:

The orders issued in this general ruling are immediately enforceable in accordance with Sections 28 (3) and 16 (8) of the Infection Protection Act. Objections and legal challenges have no suspensive effect.

Chemnitz, 15 February 2021

signed. Miko Runkel
Mayor