"§ 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

Well, section b doesn't seem to apply. I read it as part 1 and 2 applying
in all cases. If I am right, that means you can't legally fly a kite over
500 feet, anywhere, period. Part 3 and 4: either apply: no kite flying
at all within five miles of the airport boundary or from an area where
ground visibility is less that three miles. (I have no idea what "ground
visibility under three miles means, though.)

Weird stuff. For fun, I am going to call the idiots at the FAA to get
clarification. I love to taunt those bureaucrat enablers.