(concurring specially).
I concur in the majority opinion, and although it is not an issue in this case, I wish to point out that trial courts cannot take judicial notice of municipal ordinances. Nase v. Christensen, 409 N.W.2d 131 (S.D. 1987); Anderson v. Adamson, 79 S.D. 429, 112 N.W.2d 612 (1962).