Announcement of the City of Chemnitz dated 11 May 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 e 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

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

  1. Section 2 of the general ruling on the enforcement of the Infection Protection Act on the occasion of the Corona pandemic of 17 March 2021 on the ban on alcohol in the city centre is repealed.
  2. This general ruling shall enter into force on the day following its public announcement.

Reasons:

The City of Chemnitz is responsible in accordance with Section 8e of the Saxon Corona Protection Ordinance, Section 28 (1) in conjunction with Section 54 of the Infection Protection Act (IfSG) in conjunction with Section 1 of the Saxon Infection Protection Competence Ordinance. V. m. § 54 Infection Protection Act (IfSG) i. V. m. § 1 of the Saxon Infection Protection Competence Ordinance and in accordance with § 1 of the Law on the Regulation of Administrative Procedure and the Right of Administrative Service for the Free State of Saxony (SächsVwVfZG) i. V. m. § 3 para. 1 no. 3 of the Administrative Procedure Act. 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 e (2) sentence 1 SächsCoronaSchVO, the consumption of alcohol in public traffic areas in city centres was previously prohibited if the seven-day incidence value exceeded 100 new infections per 100,000 inhabitants.

In point 2 of the general decree of 17 March 2021, the city of Chemnitz had specified the specific locations affected by the alcohol ban (city centre area) (Section 8 e (2) sentence 2 SächsCoronaSchVO).

The new Saxon Corona Protection Ordinance of 4 May 2021, which came into force on 10 May 2021, no longer contains a regulation corresponding to the previous Section 8 e (2) SächsCoronaSchVO.

Therefore, point 2 of the general decree of the City of Chemnitz dated 17 March 2021 is also repealed for clarification.

The public announcement of the general ruling is made in accordance with Section 2 of the Public Announcement Statutes of the City of Chemnitz by printing it in the official gazette of the City of Chemnitz. The general ruling can also be accessed and viewed on the City of Chemnitz website.

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, 11 May 2021

Miko Runkel
Mayor