Announcement of the City of Chemnitz dated 31 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 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 29 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. Deviating from § 4 Abs. 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 and young people up to the age of 18 are permitted in outdoor areas, including outdoor sports facilities.
  4. By way of derogation from Section 4 (2) No. 7 and 12 SächsCoronaSchVO, the opening of botanical and zoological gardens and animal parks as well as the opening of museums, galleries and memorials is permitted, in each case with prior appointment booking and documentation for contact tracing.
  5. A hygiene and testing concept is required for the measures under sections 1 and 4 of this general ruling, which, in addition to the other hygiene regulations under Section 5 SächsCoronaSchVO, stipulates that users, visitors and customers of these offers are only granted access upon presentation of a daily negative rapid or self-test.
  6. The cancellation of this general ruling is reserved in particular in the event that the maximum bed capacity of 1,300 beds in the Free State of Saxony pursuant to Section 8 f (2) SächsCoronaSchVO is exceeded and the supreme state health authority announces that this maximum value has been reached.
  7. This general ruling comes into force on 6 April 2021.

Reasons:

The city of Chemnitz is in accordance with § 8 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) i. 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 Section 8 (3) sentence 1 of the Saxon Corona Protection Ordinance of 29 March 2021, the competent municipal authorities may, from 6 April, irrespective of the respective incidence, carry out the measures specified in Section 8 (1) sentence 1 no. 1 to 5. 1 sentence 1 nos. 1 to 5 SächsCoronaSchVO if the maximum hospital bed capacity of 1,300 beds in the Free State of Saxony in accordance with Section 8 f (2) SächsCoronaSchVO has not been reached. This requirement is currently met.

The conditions specified in Section 8 (1) sentence 1 nos. 1 to 5 SächsCoronaSchVO itself, such as prior appointment booking and documentation for contact tracing, must be observed in the case of relaxations. A hygiene and testing concept must be provided for the offers mentioned in § 8 para. 1 sentence 1 no. 1, 3 and 4 SächsCoronaSchVO, according to which it is also required in particular that users, visitors and customers present a daily negative rapid or self-test (§ 8 para. 3 sentence 2 SächsCoronaSchVO).

Taking into account all hygiene regulations, testing obligations, etc., the relaxations appear justifiable. Therefore, it was possible to issue the orders in sections 1 to 5 of this general ruling.

The relaxations of this general ruling must be cancelled if the specified maximum number of occupied hospital beds with COVID-19 patients in the normal ward (maximum bed capacity) of 1,300 beds in the Free State of Saxony is exceeded and the supreme state health authority announces that this maximum value has been reached (Section 8 f (2) SächsCoronaSchVO). In this respect, its cancellation remains reserved.

The ban on the consumption of alcohol in public traffic areas in the city centre (section 2 of the general order of 17 March 2021) remains unaffected by this general order and continues to apply.

Public notice of the general order will be published in the official gazette of the City of Chemnitz in accordance with Section 2 of the Public Notice Statutes of the City of Chemnitz. The general ruling can also 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, 31 March 2021


Miko Runkel
Mayor