Announcement of the City of Chemnitz dated 6 March 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 Section 8 para. 1 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 5 March 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. Notwithstanding § 4 para. 1 SächsCoronaSchVO, the opening of closed retail and wholesale establishments and shops with customer traffic is permitted for a maximum of one customer per 40 square metres or part thereof of sales area after prior appointment booking for a fixed limited period of time with documentation for contact tracing. Persons in need of assistance and minors are not included in the calculation.
  2. By way of derogation from Section 4 (2) No. 23 SächsCoronaSchVO, the opening of businesses in the area of body-related services is permitted in compliance with Section 5 (4a) and (4b) SächsCoronaSchVO.
  3. By way of derogation from Section 4 (2) No. 6 SächsCoronaSchVO, individual sports alone or in pairs and in groups of up to 20 children under 15 years of age are permitted in outdoor areas, including outdoor sports facilities.
  4. From 15 March 2021, by way of derogation from Section 4 (2) Nos. 7 and 12 Sächs CoronaSchVO, the opening of botanical and zoological gardens and animal parks as well as the opening of museums, galleries and memorials will be permitted, in each case with prior appointment booking and documentation for contact tracing and individual lessons at music schools.
  5. If the seven-day incidence value of 100 new infections per 100,000 inhabitants in the Free State of Saxony or the city of Chemnitz is exceeded for three consecutive days, the measures in points 1 to 4 will be cancelled with a further general decree (relapse regulation).
  6. This general ruling shall enter into force on the day following its public announcement.

Reasons:

The City of Chemnitz is authorised in accordance with Section 8 (1) of the Saxon Corona Protection Ordinance, Section 28 (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 5 March 2021, the competent municipal authorities may, depending on the infection situation according to the RKI, relax certain restrictions in detail (graduated plan). The prerequisite for the relaxation in accordance with Section 8 (1) Nos. 1 to 5 SächsCoronaSchVO is, in particular, that the incidence value of 100 new infections per 100,000 inhabitants within 7 days in both the Free State of Saxony and the respective district / district-free city is undercut for five consecutive days. This has already been the case in the city of Chemnitz - as regularly announced on www.chemnitz.de - for 46 days and in the Free State of Saxony for 26 days (as of 6 March 2021).

This means that the relaxations provided for in Section 8 (1) Nos. 1 to 5 SächsCoronaSchVO can be ordered under the further conditions specified there, such as prior booking of appointments and documentation for contact tracing, etc.

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 6 weeks.

However, if the incidence value of 100 is exceeded again for 3 consecutive days, the ordered relaxations will have to be cancelled again (see Section 8c (1) SächsCoronaSchVO). The cancellation of numbers 1 to 4 of this general ruling is therefore reserved.

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 announcement 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, 6 March 2021

Miko Runkel
Mayor