Denver residents would be allowed to smoke marijuana on their properties, even their front lawns, under a new set of rules given preliminary approval Tuesday.

Denver City Council has been grappling with how to define “open and public” consumption, finally reaching agreement on where people can legally consume the drug that in January will be sold to adults in retail stores.

The upshot?

Consumption is illegal everywhere unless on private property that you own, lease or rent or have been given approval to consume by the owner.

A previous version of the bill would have forbid people from smoking marijuana in their homes if they were visible from public space and even would have prohibited smoking in fenced-in backyards if the smoke could be smelled by a neighbor. The bill elicited complaints from civil libertarians, who said what people do on their private property is their business.

Councilman Chris Nevitt, who worked on the bill with Denver Mayor Michael Hancock, said the first versions were an overreach. The majority of the council agreed — of the 11 members present, 8 supported the new rules.

Some council members, however, are still concerned what will occur come Jan. 1, and fear that wanton smoking will occur in front of children passing by on sidewalks.

Councilwoman Jeanne Robb even suggested a 15-foot rule, forbidding smoking anywhere on private property 15-feet from the right of way. Councilwoman Debbie Ortega is concerned about homes near schools.

“We want to make sure people aren’t sitting across the street while kids are walking home from school smoking marijuana in full view,” she said.

Nevitt, however, said he doubts that will happen. And if it does,the council can change the law.

“I am guessing problems of people smoking marijuana in their front yards will turn out to be no problem at all,” he said. “It could be an enormous problem. In which case, we will come back and fix it. I would hate to make this more convoluted and ambiguous in anticipation of a future reality that hasn’t occurred yet.”

Councilwoman Robin Kniech said she believes it would be wrong to smoke pot in front of a kid, or smoke anything in front of a child. But she doesn’t think government power should be used to stop something from happening in front of a child.

But members of Smart Colorado, which has been working on marijuana policy and how it relates to children, said they were adamantly opposed to the new policy.

“By allowing marijuana consumption to be visible in our neighborhoods, it is our youth who will be affected,” said Gina Carbone, who spoke in front of the council. “To make this a private property rights issue is a cop out.”

The bill also would ban “display” or distribution of marijuana on the 16th Street Mall or streets around it and in city parks. And it would make any violation of the law “noncriminal,” setting the penalties at $150 for the first offense, $500 for the second and $999 for three or more violations.

“This is a countdown,” said Councilman Charlie Brown. “We have 50 days — and we need signs on the 16th Street Mall as soon as possible.”

The council next takes up the issue on Nov. 25 after a public hearing. The final vote will be Dec. 2. A council committee plans to examine toughening the city’s odor ordinance at a meeting in two weeks.

Jeremy P. Meyer: 303-954-1367, jpmeyer@denverpost.com or twitter.com/jpmeyerdpost