"Skylune" wrote:
"§ 101.13 Operating limitations.
(a) Except as provided in paragraph (b) of this section, no person may
operate a moored balloon or kite—

(1) Less than 500 feet from the base of any cloud;

(2) More than 500 feet above the surface of the earth;

(3) From an area where the ground visibility is less than three miles;
or

(4) Within five miles of the boundary of any airport.

??

Section 4 clearly says no kite flying within 5 miles. The 500'
limitation seems to be in effect everywhere. No?

First, if (1), (2), and (3) are implicitly joined by "and" (since (3) and
(4) are explicitly joined by "or") then if visibility is greater than three
miles, presumably one can fly kites closer than five miles to an airport so
long as the kites aren't too close to clouds or too high. But never higher
than 500 feet.

But I am not a lawyer and have never been able to figure out whether
regulation writers love to omit "and" and "or" on purpose in their bulleted
lists. If all the items were intended to be joined by "or" then presumably
you can fly your kite in any clouds or fog less than 500 feet AGL, or
twenty miles up if visibility is unlimited!

Also, you elided paragraph (b) which states other exceptions:

"(b) Paragraph (a) of this section does not apply to the operation of a
balloon or kite below the top of any structure and within 250 feet of it,
if that shielded operation does not obscure any lighting on the
structure."